[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29827-29835]
[FR Doc No: 2023-09229]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0632; EPA-R08-OAR-2022-0857; FRL-10362-02-R8]

Air Plan Approval, Conditional Approval, Limited Approval and
Limited Disapproval; Colorado; Serious Attainment Plan Elements and
Related Revisions for the 2008 8-Hour Ozone Standard for the Denver
Metro/North Front Range Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final action the Environmental Protection Agency (EPA)
is addressing all or part of several State Implementation Plan (SIP)
revisions submitted by the State of Colorado (as explained further in
this document, we are taking no action on some specific portions of the
State's submittals). We are approving specified parts of SIP revisions
submitted by Colorado on March 22, 2021, related to Clean Air Act (CAA)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR)
Serious nonattainment area. We are also finalizing a limited approval
and limited disapproval of reasonably available control technology
(RACT) SIP revisions from submissions made on May 14, 2018, May 8,
2019, May 13, 2020, March 22, 2021, May 18, 2021, and May 20, 2022.
Further, we are finalizing a limited conditional approval and limited
disapproval of additional RACT related SIP submissions made on May 31,
2017, and May 10, 2019. Finally, in this document, the EPA is notifying
the public of findings as to certain motor vehicle emissions budgets in
the DMNFR nonattainment area. This action is being taken under the
authority of the CAA.

DATES: This rule is effective on June 8, 2023.

ADDRESSES: The EPA has established two dockets for this action under
Docket ID No. EPA-R08-OAR-2022-0632 and EPA-R08-OAR-2022-0857. All
documents in the dockets are listed on the https://www.regulations.gov
website. Although listed in the index, some information is not publicly
available, e.g., confidential business information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background and rationale for this action are discussed in
detail in our November 9, 2022 \1\ and December 2, 2022 \2\ proposed
rules, the associated technical support documents (TSDs), and our
Response to Comments document for this action. In the proposed rules,
we proposed to approve and conditionally approve various actions on
Colorado's SIP revisions that were submitted on May 31, 2017; May 14,
2018; May 10, 2019; May 13, 2020; March 22, 2021; May 18, 2021; and May
20, 2022. On November 9, 2022,\3\ we proposed to approve portions of
Colorado's Serious attainment plan for the 2008 8-hour ozone NAAQS. In
addition, we proposed to approve the motor vehicle emission budgets and
revisions to Colorado Regulation Number 7 (Reg. 7) in the State's March
22, 2021 submittal. We also proposed to approve all other aspects of
the March 22, 2021 submittal, except for the RACT submission for
certain sources and enhanced monitoring, which we will be acting on at
a later date, and for the attainment demonstration and contingency
measures. We also proposed to approve revisions to Colorado Regulation
Number 21 (Reg. 21) from the State's May 13, 2020 submittal, and to
Reg. 7 from the State's May 18, 2021 submittal. Finally, we proposed to
approve the Reg. 7 revisions from the State's May 14, 2018 and May 13,
2020 submittals that were conditionally approved on May 13, 2022 and to
convert that conditional approval to a full approval.\4\
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    \1\ Proposed rule, Air Plan Approval; Colorado; Serious
Attainment Plan Elements and Related Revisions for the 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area, 87 FR 67617.
    \2\ Proposed rule, Air Plan Conditional Approval; Colorado;
Revisions to Regulation Number 7 and RACT Requirements for 2008 8-
Hour Ozone Standard for the Denver Metro/North Front Range
Nonattainment Area, 87 FR 74060.
    \3\ 87 FR 67617.
    \4\ Final rule, Air Plan Conditional Approval; Colorado;
Revisions to Regulation Number 7 and Oil and Natural Gas RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 87 FR 29228.
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    On December 2, 2022,\5\ we proposed to conditionally approve
various revisions to the Colorado SIP that were submitted to the EPA on
May 31, 2017, and May 10, 2019. In particular, we proposed to
conditionally approve into the SIP certain Reg. 7 rules as fulfilling
the requirement to implement RACT for sources that are covered by the
2008 miscellaneous metal coatings control techniques guidelines (CTG)
\6\ and for major sources of nitrogen oxides (NOX) located
in the Moderate DMNFR Area that were not acted on in our July 3,
2018,\7\ February 24, 2021,\8\ or November 5, 2021 \9\ rulemakings.
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    \5\ 87 FR 74060.
    \6\ Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available
at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
    \7\ Final rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of Related Revisions, 83 FR
31068, 31069-31072.
    \8\ Final rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126-11127.
    \9\ Final rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone
Standard for the Denver Metro/North Front Range Nonattainment Area,
86 FR 61071, 61072.
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II. Comments

    We received comments on the November 9, 2022 proposal from several
parties, including Boulder County, the City and County of Broomfield,
the City and County of Denver, the City of Longmont, and Colorado
Communities for Climate Action (CC4CA); the Center for Biological
Diversity, 350 Colorado, the Colorado Chapter of the Sierra Club, the
National Parks Conservation Association, and Earthworks; individual
supporters of the Center for Biological Diversity; and from
participants in a mass mailer campaign. The comments were related to
compliance with the CAA, disproportionate impacts of ozone,
approvability of the attainment plan, emission inventories, reasonable
further progress, motor vehicle emissions budgets, RACT and Reasonably
Available Control Measures (RACM), suggested control measures,
enforceability, and CAA section 110(l).

A summary of the comments and the EPA's responses are provided in the
Response to Comments document, which is in the docket for this action.

III. Final Action

    This final action includes approvals, limited approvals and limited
disapprovals, and a limited conditional approval and limited
disapproval. Below we will explain which type of action we are taking
on each of the submitted measures that is the subject of this action.
First, though, we note that we are further evaluating the comments
received related to the submitted revisions to the State's RACM
demonstration and RACT emission limits for refinery gas fueled process
heaters. Therefore, in this final action, the EPA is not acting on the
following: Reg. 7, Part E, section II.A.4.g.(i) (NOX
emission limit for refinery fuel gas heaters) from the May 20, 2022
submittal for process heaters, and RACM from the March 22, 2021
submittal. The EPA proposed to approve these portions of the respective
SIP submittals in our November 9, 2022 proposal. These portions of the
SIP submittals will be acted on at a later date. This final action also
does not address the submitted attainment demonstration, enhanced
monitoring, RACM, or contingency measures.
    Below is our explanation of the different elements of this final
action.

Approvals

    The EPA is approving portions of the 8-Hour Ozone Attainment Plan
submitted by the State of Colorado for the DMNFR Area on March 22,
2021, specifically:
     Milestone and future year emission inventories;
     Reasonable further progress (RFP) demonstration;
     Motor vehicle emissions budgets for the 2020 RFP milestone
year, as shown in Table 4, because they are consistent with the RFP
demonstration for the 2008 ozone NAAQS finalized for approval herein
and meet the other criteria in 40 CFR 93.118(e);
     Demonstration that Colorado meets the Clean Fuel Fleet
Program requirements of CAA section 182(c)(4);
     Motor vehicle inspection/maintenance (I/M) program; and
     Nonattainment new source review (NNSR) program.
    We are also approving SIP revisions to Reg. 7, submitted by the
State on May 8, 2019, May 13, 2020, March 22, 2021, May 18, 2021, and
May 20, 2022, as shown in Table 1. Finally, the EPA is approving and
finding that the motor vehicle emissions budgets \10\ for
NOX and volatile organic compounds (VOCs) for 2020 in the
DMNFR area, as well as the northern and southern sub-areas of the DMNFR
area, submitted with the RFP demonstration in the March 22, 2021 SIP
submittal, are adequate for transportation conformity purposes. Under
CAA section 176(c), transportation conformity requires that federally
supported highway and transit project activities conform to the
applicable SIP; EPA's transportation conformity regulations establish
the criteria and procedures for determining whether projects
conform.\11\ Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards.\12\ The criteria by which we determine whether a
SIP's motor vehicle emission budgets are adequate for conformity
purposes are outlined in 40 CFR 93.118(e)(4).\13\ As a result of our
approval of the budgets and our adequacy finding, the DMNFR area, and
the area's northern and southern sub-areas, must use the budgets from
the submitted RFP demonstration for future transportation conformity
determinations.
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    \10\ See Table 4, below.
    \11\ See 69 FR 40004 (July 1, 2004); 40 CFR part 93, subpart A.
    \12\ See 69 FR at 40005.
    \13\ See also id. at 40038-40047.
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Limited Approvals and Limited Disapprovals

    After evaluating comments received on the proposal for this action,
we are finalizing a limited approval and limited disapproval of the
rules submitted by the State on May 14, 2018, May 13, 2020, March 22,
2021, May 18, 2021, and May 20, 2022, as shown in Table 2, and of the
RACT categories in Table 3.
    We are also finalizing a limited conditional approval and limited
disapproval of two RACT submissions related to the miscellaneous metal
coatings CTG and glass melting furnaces. That part of this action is
explained separately below.
    We are finalizing a limited approval and limited disapproval of the
regulations submitted on May 14, 2018, May 13, 2020, March 22, 2021,
May 18, 2021, and May 20, 2022, because we have determined that they
strengthen the existing EPA-approved Colorado SIP and are largely
consistent with the relevant CAA requirements, but that some aspects of
these rules prevent the EPA from finding that they satisfy all of the
applicable requirements of the CAA. Specifically, these rules do not
include sufficient reporting requirements to ensure that citizens will
be able to enforce the SIP requirements, as is necessary under the CAA
and EPA regulations.\14\ That is, the regulations in Table 2 require
facilities to maintain records necessary to establish compliance with
these rules for a certain period of time and to make them available to
the state on request. But if there is no requirement for these records
to be submitted to the state absent a request, then unless the state
requests the compliance records and then makes them publicly available,
no parties other than the state or the EPA under its CAA section 114
authority will have practical access to the basic information necessary
to determine compliance by the regulated entities under these rules.
This undermines citizens' ability to participate in the enforcement of
the SIP as allowed by CAA section 304. As EPA has repeatedly stated, to
be enforceable, a CAA SIP rule must be legally and practically
enforceable.\15\ We find that a requirement to provide records to the
state only on request, without any required periodic reporting to the
state, is inconsistent with CAA and regulatory requirements for
enforceability. Therefore, due to the lack of adequate reporting
requirements (or some equivalent means of ensuring enforceability), the
EPA is simultaneously finalizing a limited approval and disapproval of
these rules, as authorized under sections 110(k)(3) and (4) and 301(a).
This action incorporates the submitted rules into the Colorado SIP.
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    \14\ See 40 CFR 51.211; see also the Response to Comments
document for additional explanation of the rationale for this
action.
    \15\ See, e.g., Proposed rule, State Implementation Plans:
Findings of Substantial Inadequacy and SIP Calls To Amend Provisions
Applying to Excess Emissions During Periods of Startup, Shutdown,
and Malfunction, 88 FR 11842 (Feb. 24, 2023) (noting ``requirement
that all SIP provisions be legally and practically enforceable by
states, the EPA and parties with standing under the citizen suit
provision'' of the CAA).
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    Section 110(c)(1) of the CAA requires the Administrator to
promulgate a Federal implementation plan (FIP) at any time within two
years after the Administrator finds that a state has failed to make a
required SIP submission, finds a SIP submission to be incomplete, or
disapproves a SIP submission, unless the state corrects the deficiency,
and the Administrator approves the SIP revision, before the
Administrator promulgates a FIP. Therefore, EPA will be obligated under
CAA section 110(c)(1) to promulgate a FIP within two years after the
effective

date of this limited disapproval, unless the state submits, and the EPA
approves, SIP revisions to correct the identified deficiencies before
EPA promulgates the FIP.
    In addition, this final limited disapproval will trigger mandatory
sanctions in accordance with the timelines and provisions of CAA
section 179 and 40 CFR 52.31 unless the state submits, and EPA
approves, SIP revisions that correct the identified deficiencies within
18 months of the effective date of the final limited disapproval
action.
    Note that the submitted rules have been adopted by the Colorado Air
Quality Control Commission (AQCC), and the EPA's final limited
disapproval does not prevent the State from enforcing these rules. The
limited disapproval also does not prevent any portion of the rules from
being incorporated by reference into the federally enforceable SIP, as
discussed in the July 9, 1992 EPA memo found at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

Limited Conditional Approval and Limited Disapproval

    We are finalizing a limited conditional approval and a limited
disapproval of SIP submissions that were made on May 31, 2017, and May
10, 2019, respectively addressing RACT for the miscellaneous metal
coatings CTG and glass melting furnaces. See Table 3. This section will
first explain the conditional nature of this approval, and then explain
the limited approval/disapproval.
    We are conditionally approving these rules based on the State's
October 13, 2022, letter committing to make specified revisions to the
rules for miscellaneous metal coatings that were part of the May 31,
2017 submission, and to the rules for glass melting furnaces that were
part of the May 10, 2019 submission. This commitment to further
revisions was necessary because on reviewing these RACT rules the EPA
had identified certain deficiencies. Under section 110(k)(4) of the
Act, the EPA may conditionally approve a deficient SIP revision based
on a commitment by a state to adopt specific enforceable measures by a
date certain, but not later than one year after the date of conditional
approval of the plan revision. As to these miscellaneous metal coatings
and glass melting furnaces rules, on October 13, 2022, Colorado
submitted a letter \16\ committing to adopt and submit specific
revisions by June 30, 2023.\17\ Specifically, the State committed to
adopt and submit additional VOC coating content limits, associated work
practices, definitions, recordkeeping, and recording requirements for
motor vehicle materials; to submit a negative declaration (that is, a
certification that there are no covered sources in the area) for
pleasure craft surface coatings; and to adopt and submit NOX
emission limits for glass melting furnaces at major sources.\18\ We
find that the letter includes the necessary commitments to allow us to
conditionally approve these rules.
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    \16\ The letter is dated October 13, 2022 and was received on
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS
Serious SIP,'' email from Jessica Ferko, Planning & Policy Program
Manager, Colorado Department of Public Health and Environment (in
the docket).
    \17\ Although CAA section 110(k)(4) allows the EPA to make a
conditional approval based on a commitment to act within one year of
the final conditional approval, Colorado has committed to act on a
much more accelerated schedule.
    \18\ See our proposed conditional approval at 87 FR 74060 for
additional explanation.
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    Colorado must adopt and submit the specific revisions it has
committed to by June 30, 2023, in order for the conditional approval
portion of this action to convert to approval. We note that the
Colorado AQCC adopted the revisions as outlined in the commitment
letter on December 16, 2022, and we anticipate that the State will meet
its deadline to submit these measures as SIP revisions. However, if
Colorado does not comply with its commitment by June 30, 2023, if we
find Colorado's SIP submission provided to fulfill the commitment to be
incomplete, or if we disapprove that SIP submission, the conditional
approval portion of this action will convert to a disapproval. If any
of these occur and our conditional approval converts to a disapproval,
that will constitute a disapproval of a required plan element under
part D of title I of the Act, which will start an 18-month clock for
sanctions \19\ and the two-year clock for a FIP.\20\
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    \19\ See CAA section 179(a)(2).
    \20\ See CAA section 110(c)(1)(B).
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    As noted above, this conditional approval is a limited conditional
approval, and is paired with a limited disapproval. The reason for this
limited approval and disapproval is the same as explained above under
the heading ``Limited Approvals and Disapprovals'': some of the rule
provisions do not require the reporting necessary under the CAA and EPA
regulations to ensure that citizens will be able to enforce SIP
requirements. We did not identify these reporting deficiencies until
after the State had developed proposed revisions and submitted its
commitment letter. We have concluded that conditional approval is
appropriate despite the reporting deficiencies because the State has
fully addressed the issues discussed in connection with our proposed
conditional approval action. But we have also concluded that our
conditional approval must be limited in nature, and must be paired with
a limited disapproval, because of the separate issues that we later
identified after reviewing comments received on EPA's November 9, 2022
proposed action. As explained above, this limited disapproval starts
the FIP and sanctions clocks associated with disapprovals.
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    \21\ In our proposed rule we inadvertently included Part D,
section III.C.4.e.(i)(D)(3)(b) as a revision proposed for approval.
However, this section of Reg. 7 is state-only and thus not included
in our final action for approval in the SIP.

 Table 1--List of Revisions to Colorado Reg. 7 That the EPA Is Approving
                             in This Action
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 Revised sections in May 8, 2019, May 14, 2018, May 13, 2020, March 22,
      2021, May 18, 2021, and May 20, 2022 submittals for approval
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May 8, 2019 Submittal:
    XVI.D.4.d. (title only).
May 13, 2020, Oil and Gas Submittal:
    Reg. 7, Part D, sections I.D.4 (renumbering), I.F.1. (renumbering),
     and I.J.1.-j. (renumbering).
March 22, 2021 Submittal:
    Part E, sections II.A.1.b., II.A.4., II.A.4.a.(iii), II.A.4.b.(i),
     II.A.6.a.(ii), II.A.6.b.(viii)(B), and III.B.
May 18, 2021 Submittal:
    Reg. 7, Outline of Regulation, Part A, B, C, and D; Part E and Part
     F; Part E, section I.A.3. and I.D.4.-a.(ii) (renumbering).
May 20, 2022 Misc. Metals and Process Heaters Submittal:
    Reg. 7, Part C, section I.A.6.b., Part E, sections II.A.2.e-f.,
     II.A.4.b.(iii), II.A.4.e.(ii), II.A.5.a., II.A.5.b.-(i),
     II.A.5.b.(i)(A)(1)-(ii)(A), II.A.5.b.(ii)(C)-(D),
     II.A.6.b.(viii)(D) and II.A.6.c.(ii).\21\
May 20, 2022 Part D Definitions Submittal:

    Reg. 7, Part D, section III.B.2., III.B.5., III.B.7., III.B.11., and
     III.B.13.
May 20, 2022 Part D Oil and Gas Submittal:
    Reg. 7, Part D, section I.J.1.i.-(D) (renumbering).
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 Table 2--List of Colorado Revisions to Regs. 7 and 21 for Which the EPA
 Is Finalizing a Limited Approval and Limited Disapproval in This Action
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                                                           Reason for
          Submittals              Revised section for        limited
                                   limited approval        disapproval
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May 14, 2018 Submittal........  Reg. 7, Part D,         No requirements
                                 sections XII.J.1.-h.,   within these
                                 XII.J.h.(i)(A)-(D),     provisions to
                                 XII.J.1.i.-j.           submit records
                                                         to the state.
May 13, 2020 Oil and Gas        Reg. 7, Part D,         No requirements
 Submittal.                      sections I.D.-          to submit Reg.
                                 D.3.a.(i), I.D.3.b.-    7, Part D,
                                 b.(i), I.D.3.b.(ii),    section
                                 I.D.3.b.(v),            I.F.1.d. or
                                 I.D.3.b.(vii),          I.F.2.c.(iii)
                                 I.D.3.b.(ix),           records to the
                                 I.E.1.a., I.E.2.-       state.
                                 .c.(ii), I.E.2.c.(iv)-
                                 c.(viii), I.F.1.,
                                 F.2.a., I.F.2.c.-
                                 c.(vi), I.F.3.-3.a,
                                 and I.F.3.c.-c.(i)(C).
May 13, 2020 Reg. 21 Submittal  Reg. 21, Part A,        No requirements
                                 sections I-I.A.1,       within these
                                 I.B.-VI.AAAAAAA.,       provisions to
                                 Part B, sections I.-    submit records
                                 I.A.1., I.B.-VI.TTT.    to the state.
March 22, 2021 Submittal......  Reg. 7, Part C,         No requirements
                                 sections I.O.,          within these
                                 I.O.2., I.O.3.a.,       provisions to
                                 I.O.3.b.-c.,            submit records
                                 I.O.4.a., I.O.5.a.,     to the state.
                                 Part E, sections
                                 II.A.4.a.(iv),
                                 II.A.4.b.(i)(A)(1),
                                 II.A.4.b.(iv),
                                 II.A.4.c.,
                                 II.A.5.c.(i)(A)-(2),
                                 and V.
May 20, 2022 Misc. Metals and   Reg. 7, Part C,         No requirements
 Process Heaters Submittal.      sections I.L.1.a.,      within these
                                 I.L.1.b.(i),            provisions to
                                 I.L.b.(ii),             submit records
                                 I.L.1.b.(iii)-(vii),    to the state.
                                 I.L.1.c.(ii)-(xxvi),
                                 I.L.2.a., I.L.2.b.-
                                 I.L.5.d., Part E,
                                 sections II.A.2.e-f.,
                                 II.A.3.p., II.A.4.,
                                 II.A.4.a.(iv),
                                 II.A.4.g.-(ii)
                                 (except NOX emission
                                 limit for refinery
                                 fuel gas),
                                 II.A.5.a.(i)(A), and
                                 II.A.5.b.(ii)(B).
May 20, 2022 Part D Oil and     Reg. 7, Part D,         No requirements
 Gas Submittal.                  section I.E.3-a.(iii)   within these
                                 and I.J.1.g.-h., and    provisions to
                                 I.J.1.(i)(E)-(F).       submit records
                                                         to the state.
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    \22\ See 87 FR 29228.

  Table 3--RACT Categories, Final Action, and Corresponding Sections of
                               Submittals
------------------------------------------------------------------------
                                                       Location of RACT
          RACT category              Final action        demonstration
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Storage tanks and centrifugal     Converting          Technical Support
 compressors in the oil and        previous            Document for
 natural gas industry covered by   conditional         Reasonably
 EPA's 2016 Oil and Gas CTG.       approval \22\ to    Available Control
                                   a limited           Technology for
                                   approval and        the Oil and Gas
                                   limited             Industry, Dec.
                                   disapproval         17, 2021
                                   (conversion to      (contained within
                                   approval            the May 20, 2022
                                   appropriate         submittal).
                                   because Colorado
                                   sufficiently
                                   corrected the
                                   deficiency
                                   identified in the
                                   rulemaking
                                   related to the
                                   previous
                                   conditional
                                   approval, but
                                   that approval is
                                   limited because
                                   of a newly
                                   identified issue
                                   separate from the
                                   deficiency that
                                   was identified as
                                   basis for
                                   previous
                                   conditional
                                   approval. The
                                   newly identified
                                   issue concerns
                                   the lack of
                                   requirements
                                   within these
                                   provisions to
                                   submit records of
                                   the inspections
                                   required in Reg.
                                   7, Part D,
                                   section I.E. or
                                   performance tests
                                   required in
                                   I.E.3.a.(iii) and
                                   I.J.i.(i). to the
                                   state.
Combustion equipment at major     Limited approval    Technical Support
 sources (combustion turbines,     and limited         Document for
 combustion equipment at           disapproval         Reasonably
 boilers, lightweight aggregate    because there are   Available Control
 kilns, and natural gas fired      no requirements     Technology for
 process heaters).                 to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal)
                                                       and Technical
                                                       Support Document
                                                       for Reasonably
                                                       Available Control
                                                       Technology for
                                                       Major Sources,
                                                       July 16, 2021
                                                       (contained within
                                                       the May 20, 2022
                                                       submittal).
Combustion equipment at major     Conditional         Technical Support
 sources (glass melting            approval and        Document for
 furnaces).                        disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Draft, October
                                                       31, 2022
                                                       (contained in the
                                                       docket of the
                                                       December 2, 2022
                                                       proposed rule).

Wood coating....................  Limited approval    Technical Support
                                   and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal).
Miscellaneous Metal Coatings,     Limited approval    Technical Support
 Tables 2 and 7 of the CTG.        and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       July 16, 2021
                                                       (contained within
                                                       the May 20, 2022
                                                       submittal).
Miscellaneous Metal Coatings,     Conditional         N/A--In October
 Table 5, Pleasure Craft Surface   approval.           13, 2022
 Coating VOC Content Limits of                         commitment
 the CTG.                                              letter, state
                                                       committed to
                                                       provide negative
                                                       declaration
                                                       (certification
                                                       that there are no
                                                       sources in the
                                                       area).
Miscellaneous Metal Coatings,     Limited             October 13, 2022
 Table 7, Motor Vehicle            conditional         commitment
 Materials VOC Content Limits of   approval and        letter.
 the CTG.                          limited
                                   disapproval
                                   because there are
                                   no requirements
                                   to submit records
                                   to the state.
Foam manufacturing..............  Limited approval    Technical Support
                                   and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal).
------------------------------------------------------------------------

 Table 4--Adequate Total Area and Sub-Area 2020 Motor Vehicle Emissions
         Budgets for NOX and VOC in the DMNFR Nonattainment Area
------------------------------------------------------------------------
                                         2020 NOX           2020 VOC
       Area of applicability         emissions (tpd)    emissions (tpd)
------------------------------------------------------------------------
Northern Sub-area.................                9.7                8.2
Southern Sub-area.................               45.0               41.2
                                   -------------------------------------
    Total Nonattainment Area......               54.7               49.4
------------------------------------------------------------------------

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

    Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state be adopted by the state after
reasonable notice and public hearing.
    As further explained in the response to comments document, the
Colorado SIP revisions that the EPA is approving, conditionally
approving, and finalizing a limited approval for do not interfere with
any applicable requirements of the Act. None of the Reg. 7 and Reg. 21
revisions submitted by the State would be weakening the SIP. Rather,
the SIP revisions here will be strengthening the SIP. The Response to
Comments for this action provides a full technical basis for this
conclusion. Colorado's submittals provide adequate evidence that the
revisions were adopted after reasonable public notices and hearings.
Therefore, CAA section 110(l) requirements are satisfied.

V. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of populations living within the DMNFR
Area. The EPA then compared the data to the national averages for each
of the demographic groups. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that for populations within the DMNFR
Area, there are census block groups in which the percentage of people
of color (persons who reported their race as a category other than
White alone and/or Hispanic or Latino) is greater than the national
average (39%) and above the 80th percentile.\23\ There are also census
block groups within the DMNFR Area that are below the national average
(33%) poverty level and above the 80th percentile.\24\
---------------------------------------------------------------------------

    \23\ See ``EJSCREEN Maps'' pdf, available within the docket.
    \24\ Id.
---------------------------------------------------------------------------

    This final action approves the majority of the State's ozone
attainment plan submittal for the DMNFR Area and finalizes a limited
approval of state rules as meeting RACT and satisfying other CAA
requirements. The EPA has defined RACT as the lowest emission
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility. The CAA requires
this action, and the EPA recognizes the adverse impacts of ozone.
Information on ozone and its relationship to negative health impacts
can be found in the National Ambient Air Quality Standards for
Ozone.\25\ We expect that this action and resulting emissions
reductions will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the DMNFR Area,
including people of color and low-income populations. At a minimum,
this action would not worsen any existing air quality and is expected
to ensure the area is meeting requirements to attain and/or maintain
air quality standards. Further, there is no information in the record
indicating that this action is expected to have disproportionately high
or adverse human health or environmental effects on a particular group
of people.
---------------------------------------------------------------------------

    \25\ Final rule, 73 FR 16436 (March 12, 2008).

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

VI. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Colorado AQCC Regulation 7 pertaining to the control of ozone via ozone
precursors and control of hydrocarbons via oil and gas emissions and
Regulation 21 pertaining to Control of Volatile Organic Compounds from
Consumer Products and Architectural and Industrial Maintenance Coatings
(as specified in Tables 1, 2, and 3 above). The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by the EPA for inclusion in the State implementation
plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\26\
---------------------------------------------------------------------------

    \26\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act. This final action does
not establish any new information collection requirement apart from
what is already required by law. This finding relates to the
requirement in the CAA for states to submit SIPs under CAA section
182(b) and (c) addressing obligations associated with the 2008 ozone
NAAQS.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
is disapproving SIP submissions for not containing the necessary
provisions to satisfy CAA enforceability requirements and related
regulatory reporting requirements under 40 CFR 51.211.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the state, on the relationship between
the National Government and the state, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive order. This action is not subject to Executive Order 13045
because it merely disapproves SIP submissions as not containing the
necessary provisions to satisfy interstate transport requirements under
CAA section 110(a)(2)(D)(i)(I).

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This final action approves parts of Colorado's 2008 ozone Serious
attainment plan and finalizes a limited approval, limited conditional
approval, and limited disapproval of various other submissions. As a
result of EPA's approval, limited conditional approval, limited
approval, and limited disapproval, Colorado Department of Public Health
and Environment (CDPHE) is required to undertake additional actions to
meet CAA requirements. The impact of the limited disapproval is
described in section III, Limited Approvals and Limited Disapprovals
and Limited Conditional Approval and Limited Disapproval, of this
preamble. Information concerning the EPA's efforts to identify
potential environmental burdens and susceptible populations in the
DMNFR Area is in our November 9, 2022 proposed rule, 87 FR 67633. This
action is expected to help ensure that the DMNFR Area meets CAA
requirements and there is no information in the record indicating that
this action is expected to have disproportionately high or adverse
health or environmental effects on a particular group of people.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Judicial Review

    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 September 23, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: April 26, 2023.
K.C. Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart G--Colorado

0
2. In Sec.  52.319, revise paragraph (a) to read as follows:

Sec.  52.319  Conditional approval.

    (a) The EPA is making a limited conditional approval and limited
disapproval of revisions committed to correcting deficiencies
identified with submissions made on May 31, 2017, and May 10, 2019. The
conditional approval is based upon the October 13, 2022 commitment from
the State to submit a SIP revision consisting of rule revisions that
will cure the identified deficiencies within twelve months after the
EPA's conditional approval. If the State fails to meet its commitment,
the conditional approval will be treated as a disapproval with respect
to the rules and CTG category for which the corrections are not met.
The following rules are conditionally approved, except as they relate
to periodic reporting requirements to the state for which we are
disapproving, because we have determined that the rules strengthen the
SIP and are largely consistent with the relevant CAA requirements:
    (1) Regulation number 7 (Reg. 7), Part C, section I.P. and Reg. 7,
Part E, section II.A.4. RACT requirements for the Colorado ozone SIP
for the ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' Tables 5 and 7, EPA453/R08003, September 2008
and glass melting furnaces.
    (2) [Reserved]
* * * * *

0
3. In Sec.  52.320:
0
a. In the table in paragraph (c):
0
i. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part C, Surface Coating, Solvents, Asphalt, Graphic Arts and
Printing, and Pharmaceuticals'', revise the entry ``I. Surface Coating
Operations''.
0
ii. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part D, Oil and Natural Gas Operations'', revise the entries
``I. Volatile Organic Compound Emissions from Oil and Gas Operations''
and ``III. Natural Gas-Actuated Pneumatic Controllers Associated with
Oil and Gas Operations''.
0
iii. Under the center heading ``5 CCR 1001-09, Regulation Number 7,
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen
Oxides), Part E, Combustion Equipment and Major Source RACT'', revise
the entries ``I. Control of Emissions from Engines'' and ``II. Control
of Emissions from Stationary and Portable Engines and Other Combustion
Equipment in the 8-Hour Ozone Control Area''.
0
iv. Add the center heading ``5 CCR 1001-21, Regulation Number 21,
Control of Volatile Organic Compounds from Consumer Products and
Architectural and Industrial Maintenance Coatings'' and the entries
``I. Applicability'', ``II. Consumer Products'', ``III. Architectural
and Industrial Maintenance Coatings'', and ``IV. Definitions'' at the
end of the table, after the entry ``VIII. Steamboat Springs
PM10 Attainment/Maintenance Area''.
0
b. In the table in paragraph (e):
0
i. Revise the entry ``2008 Ozone Moderate Area Attainment Plan''.
0
ii. Remove the entry ``Reasonably Available Control Technology for the
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP)'' and add the entry ``Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) Moderate State Implementation Plan (RACT
SIP)'' in its place.
0
iii. Add the entries ``2008 Ozone Serious Area Attainment Plan'' and
``Reasonably Available Control Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS) Serious State
Implementation Plan (RACT SIP)'' after the entry ``Ozone (8-hour, 2015)
DMNFR NNSR Certification''.
    The revisions and additions read as follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                        State       EPA effective  Final rule citation/
              Title                effective date       date               date                 Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
  Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface Coating, Solvents,
                             Asphalt, Graphic Arts and Printing, and Pharmaceuticals
----------------------------------------------------------------------------------------------------------------
I. Surface Coating Operations....       2/14/2021        6/8/2023  [insert Federal      Previous SIP approval 8/
                                                                    Register             5/2011; nonsubstantive
                                                                    citation], 5/9/      changes approved 7/3/
                                                                    2023.                2018; substantive
                                                                                changes approved 2/24/
                                                                                2021; nonsubstantive
                                                                                changes approved 11/5/
                                                                                2021. Substantive
                                                                                changes limited
                                                                                approval/disapproval 5/
                                                                                9/2023.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
----------------------------------------------------------------------------------------------------------------
I. Volatile Organic Compound            1/30/2022        6/8/2023  [insert Federal      Previous SIP approval 2/
 Emissions from Oil and Gas                                         Register             13/2008. Substantive
 Operations.                                                        citation], 5/9/      changes to section XII;
                                                                    2023.                state-only provisions
                                                                                excluded, approved 7/3/
                                                                                2018. Substantive
                                                                                changes approved 11/25/
                                                                                2021 except no action
                                                                                on sections I.D., I.E.,
                                                                                I.F. and I.J.1.
                                                                                Conditional approval of
                                                                                sections I.D., I.E.,
                                                                                I.F., and I.J.1. 5/13/
                                                                                2022. Limited approval/
                                                                                disapproval section
                                                                                I.D., I.E., I.F., and
                                                                                I.J.1 5/9/2023.

                                                  * * * * * * *
III. Natural Gas-Actuated               2/14/2020        6/8/2023  [insert Federal      Substantive changes to
 Pneumatic Controllers Associated                                   Register             III.-III.B.3.,
 with Oil and Gas Operations.                                       citation], 5/9/      III.B.5., III.B.7.-
                                                                    2023.                III.C.2.c.(ii), III.D.-
                                                                                III.D.2.b., III.D.3.b.,
                                                                                and III.E.-III.E.2.c.
                                                                                approved 11/5/2021.
                                                                                Revisions to
                                                                                definitions for
                                                                                pneumatic controls
                                                                                approved 5/9/2-23.
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and Major
                                                   Source RACT
----------------------------------------------------------------------------------------------------------------
I. Control of Emissions from           11/14/2020        6/8/2023  [insert Federal      Previous SIP approval 8/
 Engines.                                                           Register             19/2005 and 12/31/2012;
                                                                    citation], 5/9/      nonsubstantive changes
                                                                    2023.                to sections XVI.A.-C. 7/
                                                                                3/2018; substantive
                                                                                changes approved 2/24/
                                                                                2021, except sections
                                                                                XVI.D.4.b.(i) and
                                                                                XVI.D.4.d. section
                                                                                XVII.E.3.a. from the
                                                                                Regional Haze SIP
                                                                                approved in SIP.
                                                                                Previous SIP approval
                                                                                12/31/2012;
                                                                                nonsubstantive changes
                                                                                approved 2/24/2021 and
                                                                                11/5/2021. Limited
                                                                                approval/disapproval 5/
                                                                                9/2023.
II. Control of Emissions from           2/14/2020        6/8/2023  [insert Federal      Previous SIP approvals 8/
 Stationary and Portable Engines                                    Register             19/2005 and 12/31/2012;
 and Other Combustion Equipment                                     citation], 5/9/      nonsubstantive changes
 in the 8-Hour Ozone Control Area.                                  2023.                to approved 7/3/2018;
                                                                                substantive changes
                                                                                approved 2/24/2021
                                                                                except sections
                                                                                XVI.D.4.b.(i) and
                                                                                XVI.D.4.d. Substantive
                                                                                changes approved 11/5/
                                                                                2021. Limited approval/
                                                                                disapproval 5/9/
                                                                                2023except NOX emission
                                                                                limits for refinery
                                                                                fuel heaters in
                                                                                II.A.4.g.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      5 CCR 1001-21, Regulation Number 21, Control of Volatile Organic Compounds from Consumer Products and
                                Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
I. Applicability.................      09/14/2019        6/8/2023  [insert Federal      Limited approval/
                                                                    Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
II. Consumer Products............      09/14/2019        6/8/2023  [insert Federal      Limited approval/
                                                                    Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
III. Architectural and Industrial      09/14/2019        6/8/2023  [insert Federal      Limited approval/
 Maintenance Coatings.                                              Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
IV. Definitions..................      09/14/2019        6/8/2023  [Insert Federal      Limited approval/
                                                                    Register citation,   disapproval 5/9/2023.
                                                                    5/9/2023.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                         State       EPA effective   Final rule citation/
               Title                effective date       date                date                 Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 Ozone Moderate Area                 1/14/2017        8/2/2018  83 FR 31068, 7/3/2018  .....................
 Attainment Plan.
Reasonably Available Control            11/21/2017        6/8/2023  [insert Federal        Except major source
 Technology for the 2008 8-Hour                                      Register citation],    NOX RACT. Previous
 Ozone National Ambient Air                                          5/9/2023.              SIP approvals 7/03/
 Quality Standard (NAAQS) Moderate                                                          2018, 2/24/2021, and
 State Implementation Plan (RACT                                                            11/05/2021. Limited
 SIP).                                                                                approval/limited
                                                                                disapproval of RACT
                                                                                regulations 5/9/
                                                                                2023.

                                                  * * * * * * *
2008 Ozone Serious Area Attainment       2/14/2020        6/8/2023  [insert Federal        Except for
 Plan.                                                               Register citation],    contingency
                                                                     5/9/2023.              measures, RACM,
                                                                                enhanced monitoring,
                                                                                and attainment
                                                                                demonstration.
Reasonably Available Control             2/14/2020        6/8/2023  5/9/2023.............  Limited approval and
 Technology for the 2008 8-Hour                                                             limited disapproval.
 Ozone National Ambient Air
 Quality Standard (NAAQS) Serious
 State Implementation Plan (RACT
 SIP).

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

[FR Doc. 2023-09229 Filed 5-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48050-48052]
[FR Doc No: 2019-19679]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0327; Product Identifier 2019-NM-021-AD; Amendment
39-19727; AD 2019-17-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440); CL-600-2C10 (Regional Jet Series 700, 701 & 702); CL-600-2D15
(Regional Jet Series 705); CL-600-2D24 (Regional Jet Series 900); and
CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted
by reports of incorrect deployment of forward and aft flight attendant
oxygen masks. This AD requires repacking the flight attendant and
lavatory oxygen box assemblies as applicable, replacing the placards,
and re-identifying the assemblies. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective October 17, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 17,
2019.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet http://www.bombardier.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St, Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0327.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0327; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440); CL-600-2C10
(Regional Jet Series 700, 701 & 702); CL-600-2D15 (Regional Jet Series
705); CL-600-2D24 (Regional Jet Series 900); and CL-600-2E25 (Regional
Jet Series 1000) airplanes. The NPRM published in the Federal Register
on June 11, 2019 (84 FR 27042). The NPRM was prompted by reports of
incorrect deployment of forward and aft flight attendant oxygen masks.
The NPRM proposed to require repacking the flight attendant and
lavatory oxygen box assemblies as applicable, replacing the placards,
and re-identifying the assemblies.
    The FAA is issuing this AD to address incorrect packing of the
flight attendant and lavatory oxygen box assemblies, which could result
in incorrectly deployed oxygen masks, and cause occupant distress and
delayed access to oxygen supply during a high altitude emergency.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-03, dated January
19, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Model CL-600-2B19 (Regional Jet Series 100 &
440); CL-600-2C10 (Regional Jet Series 700, 701 & 702); CL-600-2D15
(Regional Jet Series 705); CL-600-2D24 (Regional Jet Series 900); and
CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    After an in-service cabin oxygen masks deployment on a CL-600-
2D24 aeroplane,

the crew noted that the forward and aft flight attendant oxygen
masks did not deploy correctly. The oxygen hoses were tangled with
the pull lanyard and cordage from the oxygen box assemblies.
Investigation found the same condition on other aeroplanes. The
similarly designed lavatory oxygen box assembly is also affected. It
was determined that packing instructions for these oxygen box
assemblies were incorrect. If not corrected, inappropriately packed
oxygen box assemblies resulting in incorrectly deployed oxygen masks
can cause occupant distress and delayed access to oxygen supply
during a high altitude emergency.
    This [Canadian] AD mandates the repacking of the forward flight
attendant, aft flight attendant, and lavatory oxygen box assemblies
[as applicable] and the installation of a revised packaging placard.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0327.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 601R-35-021, dated October 30, 2017,
which describes procedures for repacking the lavatory oxygen box
assembly, replacing the placards, and re-identifying the assembly.
     Service Bulletin 670BA-35-015, dated October 30, 2017,
which describes procedures for repacking the flight attendant and
lavatory oxygen box assemblies, replacing the placards, and re-
identifying the assemblies.
    These documents are distinct since they apply to different airplane
models. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 539 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................            $100             $525         $282,975
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive (AD):

2019-17-07 Bombardier, Inc.: Amendment 39-19727; Docket No. FAA-
2019-0327; Product Identifier 2019-NM-021-AD.

(a) Effective Date

    This AD is effective October 17, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in
any category, identified in paragraphs (c)(1) through (c)(4) of this
AD.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes,
serial numbers (S/N) 7003 and subsequent.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes, S/N 10003 and subsequent.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes and
Model CL-600-2D24 (Regional Jet Series 900) airplanes, S/N 15001 and
subsequent.
    (4) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/N
19001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of incorrect deployment of the
forward and aft flight attendant oxygen masks. The FAA is issuing
this AD to address incorrect packing of the flight attendant and
lavatory oxygen box assemblies, which could result in incorrectly
deployed oxygen masks, and cause occupant distress and delayed
access to oxygen supply during a high altitude emergency.

(f) Compliance

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

(g) Repacking and Modification of Oxygen Box Assemblies

    (1) For Model CL-600-2B19 airplanes equipped with oxygen box
assembly part number (P/N) 3868301 or 3868302 with C&D Zodiac
Aerospace Service Bulletin 3868303-25-A-01 installed, or P/N
3868303: Within 8,800 flight hours or 48 months, whichever is first,
after the effective date of this AD, repack the assembly, replace
the packaging placard, and re-identify the assembly, in accordance
with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of
Bombardier Service Bulletin 601R-35-021, dated October 30, 2017.
    (2) For airplane Model CL-600-2C10, S/N 10003 through 10346
inclusive; Models CL-600-2D15 and CL-600-2D24, S/N 15001 through
15436 inclusive; and Model CL-600-2E25, S/N 19001 through 19055
inclusive; equipped with oxygen box assembly P/N 9324601[ ]505/507/
509/511, 9324614[ ]505/509, D114601[ ]501/503/505/507/509, D114602[
]503/507/511, or D114603[ ]501 (where ``[ ]'' indicates the
d[eacute]cor finish code letters): Within 8,800 flight hours or 48
months, whichever is first, after the effective date of this AD,
repack the assembly, replace the packaging placard, and re-identify
the assembly in accordance with paragraphs 2.A. and 2.B. of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-35-
015, dated October 30, 2017.

(h) Operational Limitation

    For Model CL-600-2C10, CL-600-2D15, CL-600-2D24, and CL-600-2E25
airplanes: After accomplishment of the actions required by paragraph
(g)(2) of this AD, if applicable, or within 30 days after the
effective date of this AD, whichever is later, no person may operate
any airplane with oxygen box assemblies packed using Bombardier
Aircraft Maintenance Manual (AMM) task 35-21-13-860-802, ``Repack
and Stowage of the Flight Attendant Oxygen Mask,'' or 35-21-17-860-
802, ``Repack of the Passenger Mask in the Lavatory.''

    Note 1 to paragraph (h):  The AMM tasks identified in paragraph
(h) of this AD have been superseded by AMM tasks 35-21-13-860-804,
``Repack and Stowage of the Forward and Aft Flight Attendant Oxygen-
Mask,'' 35-21-13-860-806, ``Repack and Stowage of the Third Flight
Attendant Oxygen-Mask,'' and 35-21-17-860-803, ``Repack of the
Passenger Mask in the Lavatory.''

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-03, dated January 19, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0327.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 601R-35-021, dated October 30,
2017.
    (ii) Bombardier Service Bulletin 670BA-35-015, dated October 30,
2017.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19679 Filed 9-11-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Notices]
[Page 30280]
[FR Doc No: 2023-10074]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY

Coastal Nonpoint Pollution Control Program: Proposal To Find That
Michigan Has Satisfied Conditions on Earlier Approval

AGENCY: National Oceanic and Atmospheric Administration, Department of
Commerce, Environmental Protection Agency.

ACTION: Notice of proposed finding; request for comments.

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

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) and
the U.S. Environmental Protection Agency (EPA) (the Federal agencies)
invite public comment on the Federal agencies' proposed finding that
Michigan has satisfied all conditions the agencies established as part
of their 1997 approval of the state's coastal nonpoint pollution
control program (coastal nonpoint program). The Coastal Zone Act
Reauthorization Amendments (CZARA) directs states and territories with
coastal zone management programs previously approved under section 306
of the Coastal Zone Management Act to develop and implement coastal
nonpoint programs, which must be submitted to the Federal agencies for
approval. Prior to making such a finding, NOAA and the EPA invite
public input on the two Federal agencies' rationale for this proposed
finding.

DATES: Comments are due by June 12, 2023.

ADDRESSES: Copies of the proposed findings document may be found on
www.regulations.gov (search for NOAA-NOS-2022-0017) and NOAA's Coastal
Nonpoint Pollution Control Program website at https://coast.noaa.gov/czm/pollutioncontrol/.
    Comments may be submitted by:
     Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to regulations.gov and
enter NOAA-NOS-2022-0017 in the Search box, then click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Joelle Gore, Chief,
Stewardship Division (N/OCM6), Office for Coastal Management, NOS,
NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910; phone
(240) 428-7096; ATTN: Michigan Coastal Nonpoint Program.
    Instructions: All comments received are a part of the public record
and will generally be posted for public viewing on www.regulations.gov
without change. All personally identifiable information (for example,
name, address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the commenter will be
publicly accessible. NOAA and EPA will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The
Federal agencies will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system).

FOR FURTHER INFORMATION CONTACT: Allison Castellan, Office for Coastal
Management, NOS, NOAA,<PHONE_NUMBER>, [email protected]; or
Paul Thomas, U.S. EPA Region 5, Water Division,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments (CZARA), 16 U.S.C. 1455b(a), requires that
each state (or territory) with a coastal zone management program
previously approved under section 306 of the Coastal Zone Management
Act must prepare and submit to the Federal agencies a coastal nonpoint
pollution control program for approval. Because Michigan administers a
federally approved coastal zone management program, Michigan originally
submitted its coastal nonpoint program to the Federal agencies for
approval in 1995. The Federal agencies provided public notice of and
invited public comment on their proposal to approve, with conditions,
the Michigan program (61 FR 57673). The Federal agencies approved the
program by letter dated September 24, 1997, subject to the conditions
specified in the letter (62 FR 58940). The Federal agencies propose to
find, and invite public comment on the proposed findings, that Michigan
has satisfied the conditions associated with the earlier approval of
its coastal nonpoint program.
    The proposed findings document for Michigan's program is available
at www.regulations.gov (search for NOAA-NOS-2022-0017) and information
on the Coastal Nonpoint Program in general is available on the NOAA
website at https://coast.noaa.gov/czm/pollutioncontrol/.

Radhika Fox,
Assistant Administrator, Office of Water, Environmental Protection
Agency.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management,
National Oceanic and Atmospheric Administration.
[FR Doc. 2023-10074 Filed 5-10-23; 8:45 am]
BILLING CODE 3510-08-P


P-20-0066 Sanitized Support Documents Index:
 P-20-0066 Sanitized Determination Document (linked)
 P-20-0066 Sanitized CHEM Report (attached)
 P-20-0066 Sanitized ECO Report (attached)
 P-20-0066 Sanitized ENG Report (attached)
 P-20-0066 Sanitized EXP Report (attached)
 P-20-0066 Sanitized Fate Report (attached)
 P-20-0066 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 6, 2006

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-11463 & OST-2002-14131

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  LINEAS AEREAS AZTECA, S.A. de C.V.  (Azteca)
              Date Filed:  January 30, 2006

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the applicant to conduct scheduled foreign air transportation of
persons, property, and mail between: 1) Mexico City, Mexico, and Laredo,
Texas; and 2) Torreon, Mexico and El Paso, Texas.

Date and citation of last action:  February 14, 2005 in Docket
2002-11463, and February 10, 2005, in Docket OST-2002-14131.

Applicant representative:  Pierre Murphy,<PHONE_NUMBER>            DOT
analyst:  Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.					           			 Action date:  March 6, 2006

Effective dates of authority granted:  March 6, 2006, through March 6,
2007.

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached).

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
_________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004