[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Notices]
[Page 32987-32988]
[DOCID:fr10jn10-88]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-28]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES:  Comments on this petition must identify the petition docket
number

involved and must be received on or before June 30, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0511 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Brenda Sexton,<PHONE_NUMBER>, Office of Rulemaking
(ARM-204), Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 6, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

[Docket No.: FAA-2010-0511]

    Petitioner: Allegiant Air, LLC.
    Section of 14 CFR Affected: 14 CFR 25.809(h)(1) and 121.310(k)(1).
    Description of Relief Sought: Exemption to permit relief from the
requirements of ventral-exit door-securing functions during flight.
This exemption, if granted, would allow Allegiant Air to install a
mount on the flight deck of their MD-80 fleet for a removable handle
which could be temporarily attached to the airstair operating
mechanism, allowing for the operation of the aft stairs from within the
aircraft while on the ground.

[FR Doc. 2010-13921 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Proposed Rules]
[Pages 8566-8568]
[FR Doc No: 2015-02920]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0242; Directorate Identifier 2014-NM-100-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A300 B4-603, B4-605R, B4-620, B4-622, B4-622R airplanes;
all Airbus Model A300 C4-605R Variant F airplanes; and certain Airbus
Model A300 F4-605R airplanes. This proposed AD was prompted by the
manufacturer's review of all repairs accomplished using the structural
repair manual. This review was done using revised fatigue and damage
tolerance calculations. This proposed AD would require an inspection of
the surrounding panels of the left and right forward passenger doors,
and corrective actions if necessary. We are proposing this AD to detect
and correct previous incomplete or inadequate repairs to the
surrounding panels of the left and right forward passenger doors and
the fail-safe ring, which could negatively affect the structural
integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 6, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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-2015-
0242; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0242;
Directorate Identifier 2014-NM-100-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0101, dated May 2, 2014 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for all Airbus Model A300 B4-
603, B4-605R, B4-620, B4-622, B4-622R airplanes; all Airbus Model A300
C4-605R Variant F airplanes; and certain Airbus Model A300 F4-605R
airplanes. The MCAI states:

    In the frame of the Ageing Airplane Safety Rule (AASR), all
existing Structural Repair Manual (SRM) repairs were reviewed.
    This analysis, which consisted in new Fatigue and Damage
Tolerance calculations, revealed that some repairs in the area
surrounding the forward passenger/crew door and the fail safe ring
are no longer adequate.
    These repairs, if not reworked, could affect the structural
integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A300-53-6173 (later revised), to provide
instructions for the inspection of repairs on the left-hand (LH) and
right-hand (RH) forward door surrounding panels.
    For the reasons described above, and further to the AASR
implementation, this [EASA] AD requires a one-time inspection of the
forward door surrounding panels to identify SRM repairs in these
areas and, depending on findings, accomplishment of applicable
corrective action(s).

Corrective actions include contacting the manufacturer for rework
approval or repair instructions.
    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-2015-
0242.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-53-6173, Revision 01, dated
February 28, 2014. The service information describes procedures for a
one-time detailed of the area surrounding the forward passenger/crew
door and the fail safe ring to determine if any repairs have been done,
and corrective actions. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI. This service information is reasonably available; see
ADDRESSES for ways to access this service information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement was a new process
for annotating which procedures and tests in the service information
are required for compliance with an AD. Differentiating these
procedures and tests from other tasks in the service information is
expected to improve an owner's/operator's understanding of crucial AD
requirements and help provide consistent judgment in AD compliance. The
actions specified in the service information identified previously
include procedures and tests that are identified as RC (required for
compliance) because these procedures have a direct effect on detecting,
preventing, resolving, or eliminating an identified unsafe condition.
    As specified in a Note under the Accomplishment Instructions of the
specified service information, procedures and tests identified as RC
must be done to comply with the proposed AD. However, procedures and
tests that are not identified as RC are recommended. Those procedures
and tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an alternative method
of compliance (AMOC), provided the procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 65 airplanes of U.S.
registry.
    We also estimate that it would take about 120 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of this proposed AD on U.S. operators to be $663,000,
or $10,200 per product.
    In addition, we estimate that any necessary follow-on actions would
take up to 730 work-hours and require parts costing up to $72,250, for
a cost of up to $134,300 per product, depending on configuration. We
have no way of determining the number of aircraft that might need these
actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator,

the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2015-0242; Directorate Identifier 2014-NM-
100-AD.

(a) Comments Due Date

    We must receive comments by April 6, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Model A300 B4-603, B4-605R, B4-620, B4-622, and B4-622R
airplanes, all manufacturer serial numbers.
    (2) Model A300 C4-605R Variant F airplanes, all manufacturer
serial numbers.
    (3) Model A300F4-605R airplanes, all manufacturer serial
numbers, except those on which Airbus Modification 12699 was
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by the manufacturer's review of all repairs
accomplished using the structural repair manual. This review was
done using revised fatigue and damage tolerance calculations. We are
issuing this AD to detect and correct previous incomplete or
inadequate repairs to the surrounding panels of the left and right
forward passenger doors and the fail-safe ring, which could
negatively affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

    At the time specified in paragraph (g)(1) or (g)(2) of this AD,
whichever is later: Do a detailed inspection of the surrounding
panels of the left and right forward passenger doors to determine if
any repairs have been done, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-53-6173, Revision 01,
dated February 28, 2014.
    (1) Prior to the accumulation of 30,000 total flight cycles or
67,500 total flight hours, whichever occurs first.
    (2) Within 28 months after the effective date of this AD.

(h) Identification of Repairs

    If any affected repair is found during the inspection required
by paragraph (g) of this AD: Before further flight, identify the
reworked area(s), the percentage of the rework, and the limits of
the rework, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-53-6173, Revision 01, dated February
28, 2014.

(i) Corrective Actions

    During the repair identification required by paragraph (h) of
this AD, if any rework is found that is outside the allowable damage
limits specified in Airbus Service Bulletin A300-53-6173, Revision
01, dated February 28, 2014: Before further flight, rework or
repair, as applicable, using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
the European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(j) Exception to Service Information Specifications

    Although Airbus Service Bulletin A300-53-6173, Revision 01,
dated February 28, 2014, specifies to contact Airbus for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair before further flight using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; EASA; or Airbus's EASA DOA.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Service Bulletin
A300-53-6173, dated August 1, 2013, which is not incorporated by
reference in this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. 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 International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Required for Compliance (RC): Except as required by
paragraph (j) of this AD, if the service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures and tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in a serviceable condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
    (3) 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, International
Branch, ANM-116, Transport Airplane Directorate, FAA; the EASA; or
Airbus's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0101, dated May 2, 2014,
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-2015-0242.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 2, 2015.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-02920 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17881-17884]
[FR Doc No: 2014-07118]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0171; FRL-9908-25-Region 9]

Revisions to the Arizona State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Arizona Statutes portion of
the Arizona State Implementation Plan (SIP). This revision concerns
particulate matter (PM) emissions from dust generating operations that
do not already have a permit. We are approving a state requirement, in
accordance with Arizona Revised Statute section 49-457.05, that
identifies a series of Best Management Practices (BMP) for these
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on May 30, 2014 without further notice,
unless EPA receives adverse comments by April 30, 2014. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0171, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What requirement did the State submit?
    B. Are there other versions of this requirement?
    C. What is the purpose of the submitted requirement?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the requirement?
    B. Does the requirement meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What requirement did the State submit?

    Table 1 lists the Arizona requirement we are approving with the
date that it was issued by the State of Arizona and submitted by the
Arizona Department of Environmental Quality (ADEQ).

                                          Table 1--Arizona Requirement
----------------------------------------------------------------------------------------------------------------
                    Agency                                 Requirement                Issued         Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ..........................................  Dust Action General Permit              12/30/11        05/25/12
                                                 (DAGP).
----------------------------------------------------------------------------------------------------------------

    ADEQ included the requirement addressed in this document in the
submittal of Maricopa Association of Government's (MAG's) MAG 2012 Five
Percent Plan for PM-10 for the Maricopa County Nonattainment Area (May
2012) (``MAG Five Percent Plan''). On July 20, 2012, EPA determined
that the submittal of MAG Five Percent Plan incorporating the DAGP met
the completeness criteria in 40 CFR Part 51 Appendix V, which must be
met before formal EPA review.

B. Are there other versions of this requirement?

    There is no previous version of the Dust Action General Permit in
the SIP.

C. What is the purpose of the submitted requirement?

    PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions.

D. What is the submitted requirement?

    The Dust Action General Permit (DAGP), at Attachment C, ``Best
Management Practice Examples,'' identifies several Best Management
Practices (BMPs) for different types of dust generating operations.
When ADEQ's Maricopa County Dust Control Forecast predicts that a day
is at high risk for dust generation, operations that generate dust, and
which are not already required to control dust pursuant to a permit
issued by ADEQ or the Maricopa County Air Quality Department, are
expected to choose and implement at least one BMP to reduce or prevent
PM-10 emissions.
    Attachment A, Section V of the DAGP provides that the Director of
ADEQ may require the owner or operator to obtain a Requirement to
Operate (RTO) under the DAGP if the Director finds that the owner or
operator of a dust-generating operation has not implemented an
applicable BMP as soon as is practicable before and during a day that
is forecast to be at high risk of dust generation. Attachment A,
Section IV of the DAGP requires compliance with all conditions of the
DAGP.
    EPA's technical support document (TSD) has more information about
this requirement.

II. EPA's Evaluation and Action

A. How is EPA evaluating the requirement?

    Generally, SIP requirements must be enforceable (see section 110(a)
of the Act) and must not modify the SIP inconsistent with sections
110(l) and 193.
    Guidance and policy documents that we use to evaluate
enforceability requirements consistently include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations; Clarification to Appendix D of November 24, 1987
Federal Register Notice,'' (Blue Book), notice of availability
published in the May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998
(August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    6. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,''
    EPA 450/2-92-004, September 1992.
    7. ``Incorporating Emerging and Voluntary Measures in a State
Implementation Plan (SIP),''Office of Air and Radiation, September
2004.

B. Does the requirement meet the evaluation criteria?

    We believe this requirement is consistent with the relevant policy
and guidance regarding enforceability and SIP relaxations. The TSD has
more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted statute because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted statute. If we
receive adverse comments by April 30, 2014, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on May 30, 2014. This will incorporate this
statute into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. Law.fied in Executive Order 13132 (64
FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the 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 May 30, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: March 7, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(157)(i)(A)(11) to
read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (11) Arizona Department of Environmental Quality, Air Quality
Division, Dust Action General Permit, including attachments A, B, and
C, issued December 30, 2011.
* * * * *

[FR Doc. 2014-07118 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78240-78241]
[DOCID:fr28de06-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54988; File No. S7-24-89]

Joint Industry Plan; Solicitation of Comments and Order Granting
Temporary Summary Effectiveness to Request to Extend the Operation of
the Reporting Plan for Nasdaq-Listed Securities Traded on Exchanges on
an Unlisted Trading Privilege Basis, Submitted by the American Stock
Exchange LLC, the Boston Stock Exchange, Inc., the Chicago Stock
Exchange, Inc., the Chicago Board Options Exchange, Incorporated, the
International Securities Exchange, Inc., the National Association of
Securities Dealers, Inc., the National Stock Exchange, Inc., the Nasdaq
Stock Market LLC, NYSE Arca, Inc., and the Philadelphia Stock Exchange,
Inc., and to Request Permanent Approval of the Plan

December 20, 2006.

I. Introduction and Description

    On December 12, 2006, NYSE Arca, Inc. (``NYSEArca''), on behalf of
itself and the American Stock Exchange LLC (``Amex''), the Boston Stock
Exchange, Inc. (``BSE''), the Chicago Stock Exchange, Inc. (``CHX''),
the Chicago Board Options Exchange, Incorporated (``CBOE''), the
International Securities Exchange, Inc. (``ISE''), the National
Association of Securities Dealers, Inc. (``NASD''), the National Stock
Exchange, Inc. (``NSX''), the Nasdaq Stock Market LLC (``Nasdaq''), and
the Philadelphia Stock Exchange, Inc. (``Phlx'') (hereinafter referred
to collectively as ``Participants''),\1\ as members of the operating
committee (``Operating Committee'' or ``Committee'') of the Plan
submitted to the Securities and Exchange Commission (``Commission'') a
request to extend the operation of the Plan, along with a request for
permanent approval of the Plan.\2\
---------------------------------------------------------------------------

    \1\ NYSEArca is the chair of the operating committee
(``Operating Committee'' or ``Committee'') for the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for
Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading
Privilege Basis (``Nasdaq UTP Plan'' or ``Plan'') by the
Participants.
    \2\ See letter from Bridget M. Farrell, Chairman, OTC/UTP
Operating Committee, to Nancy M. Morris, Secretary, Commission,
dated December 12, 2006.
---------------------------------------------------------------------------

    The Nasdaq UTP Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation and last sale
information for Nasdaq-listed securities for each of its Participants.
This consolidated information informs investors of the current
quotation and recent trade prices of Nasdaq securities. It enables
investors to ascertain from one data source the current prices in all
the markets trading Nasdaq securities. The Plan serves as the required
transaction reporting plan for its Participants, which is a
prerequisite for their trading Nasdaq securities.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 52886 (December 5,
2005), 70 FR 74059 (December 14, 2005).
---------------------------------------------------------------------------

    This order grants summary effectiveness, pursuant to Rule 608(b)(4)
under the Securities Exchange Act of 1934 (``Act''),\4\ to the request
to extend operation of the Plan, as modified by all changes previously
approved (``Date Extension''). Pursuant to Rule 608(b)(4) under the
Act,\5\ the Date Extension will be effective upon publication in the
Federal Register on temporary basis for 120 days from the date of
publication.\6\
---------------------------------------------------------------------------

    \4\ 17 CFR 242.608(b)(4).
    \5\ 17 CFR 242.608(b)(4).
    \6\ The Participants requested that the Commission extend the
previously issued exemption from compliance with Section VI.C.1 of
the Plan. However, this exemption is no longer necessary as Nasdaq
is now a registered national securities exchange with respect to
Nasdaq-listed securities.
---------------------------------------------------------------------------

II. Discussion

    The Commission finds that extending the operation of the Plan is
consistent with the requirements of the Act and the rules and
regulations thereunder, and, in particular, Section 12(f) \7\ and
Section 11A(a)(1) \8\ of the Act and Rules 601 and 608 thereunder.\9\
Section 11A of the Act directs the Commission to facilitate the
development of a national market system for securities, ``having due
regard for the public interest, the protection of investors, and the
maintenance of fair and orderly markets,'' and cites as an objective of
that system the ``fair competition . . . between exchange markets and
markets other than exchange markets.'' \10\ When the Commission first
approved the Plan on a pilot basis, it found that the Plan ``should
enhance market efficiency and fair competition, avoid investor
confusion, and facilitate surveillance of concurrent exchange and OTC
trading.'' \11\ The Plan has been in existence since 1990 and
Participants have been trading Nasdaq securities under the Plan since
1993.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78l(f). Nasdaq became an exchange on January 13,
2006. See Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006). Therefore, unlisted trading
privileges for Nasdaq securities are governed by Section
12(f)(1)(A)(i).
    \8\ 15 U.S.C. 78k-1(a)(1).
    \9\ 17 CFR 242.601 and 17 CFR 242.608.
    \10\ 15 U.S.C. 78k-1(a).
    \11\ See Securities Exchange Act Release No. 28146 (June 26,
1990), 55 FR 27917 (July 6, 1990).
---------------------------------------------------------------------------

    The Commission finds that extending the operation of the Plan
through summary effectiveness furthers the goals described above by
preventing the lapse of the sole effective transaction reporting plan
for Nasdaq securities traded by exchanges pursuant to unlisted trading
privileges. The Commission believes that the Plan is currently a
critical component of the national market system and that the Plan's
expiration would have a serious, detrimental impact on the further
development of the national market system.

III. Solicitation of Comments

    The Commission seeks general comments on the extension of the
operation of the Plan, as well as the request for permanent approval of
the Plan. Interested persons are invited to submit written data, views,
and arguments concerning the foregoing, including whether the proposal
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number S7-24-89 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number S7-24-89. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all written statements with

respect to the Plan extension and the request for permanent approval of
the Plan that are filed with the Commission, and all written
communications relating to the Plan extension and the request for
permanent approval of the Plan between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be

available for inspection and copying at the Office of the Secretary of
the Committee, currently located at the NYSEArca, 100 South Wacker
Drive, Suite 1800, Chicago, IL 60606. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number S7-24-89 and should be submitted on or
before January 18, 2007.

IV. Conclusion

    It is therefore ordered, pursuant to Sections 12(f) and 11A of the
Act \12\ and paragraph (b)(4) of Rule 608 thereunder,\13\ that the
operation of the Plan, as modified by all changes previously approved,
be, and hereby is, extended, for a period of 120 days from the date of
publication of this Date Extension in the Federal Register.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78l(f) and 15 U.S.C. 78k-1.
    \13\ 17 CFR 242.608(b)(4).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-22198 Filed 12-27-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12641-12642]
[FR Doc No: 2017-04241]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10320; 34-80128]

IFRS Taxonomy for Foreign Private Issuers That Prepare Their
Financial Statements in Accordance With International Financial
Reporting Standards as Issued by the International Accounting Standards
Board

AGENCY: Securities and Exchange Commission.

ACTION: Notice of availability of IFRS Taxonomy.

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

SUMMARY: The Securities and Exchange Commission (``Commission'') is
providing notice that the IFRS Taxonomy has been published on the
Commission's Web site as provided for by the EDGAR Filer Manual.
Accordingly, the IFRS Taxonomy is available for foreign private issuers
to submit their financial statements in XBRL.

DATES: The IFRS Taxonomy was published on the Commission's Web site
pursuant to Rule 405 of Regulation S-T on March 1, 2017.

ADDRESSES: The IFRS Taxonomy is available on the Commission's Web site
at https://www.sec.gov/page/derataxonomies.

FOR FURTHER INFORMATION CONTACT: Mark W. Green, Senior Special Counsel
(Regulatory Policy), Division of Corporation Finance, at (202) 551-
3430; Robert Sledge or Kevin Vaughn, Office of the Chief Accountant, at
(202) 551-5300; or Mike Willis, Assistant Director, Division of
Economic and Risk Analysis, at<PHONE_NUMBER>, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: On January 30, 2009, the Commission adopted
rules to require domestic public companies and foreign private issuers
\1\ that prepare their financial statements in accordance with U.S.
generally accepted accounting principles (U.S. GAAP), and foreign
private issuers that prepare their financial statements using
International Financial Reporting Standards (IFRS) as issued by the
International Accounting Standards Board (IASB), to provide their
financial statements to the Commission and on their corporate Web
sites, if any, in interactive data format using the eXtensible Business
Reporting Language (XBRL).\2\ Among other things, the Commission
adopted Rule 405 of Regulation S-T, requiring filers to prepare
Interactive Data Files that comply with EDGAR Filer Manual
requirements.\3\ Section 6.3.9 of Volume II of the EDGAR Filer Manual
requires use of a taxonomy specified on the Commission's Web site.
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.3b-4(c).
    \2\ See Interactive Data To Improve Financial Reporting, Release
No. 33-9002 (Jan. 30, 2009), 74 FR 6776 (Feb. 10, 2009) (``XBRL
Adopting Release'').
    \3\ 17 CFR 232.405.
---------------------------------------------------------------------------

    The Commission required foreign private issuers that prepare their
financial statements in accordance with IFRS as issued by the IASB to
begin their submissions in year three of a phase-in period.\4\ The
Commission believed at that time that, by the phase-in date, the EDGAR
system would be able to support an IFRS taxonomy and an IFRS taxonomy
would be sufficiently advanced to require its use.\5\ Because the
Commission had not specified on its Web site an IFRS taxonomy, foreign
private issuers that use IFRS as issued by the IASB have not submitted
their financial statement information to the Commission in XBRL. In
recognition of the fact that it was not possible for foreign private
issuers that use IFRS as issued by the IASB to comply with the
Interactive Data File requirements until the Commission specified on
its Web site a taxonomy for such use, in 2011 the Commission staff
stated that foreign private issuers that prepare their financial
statements in accordance with IFRS as issued by the IASB were not
required to submit to the Commission and post on their corporate Web
sites, if any, Interactive Data Files until the Commission specified on
its Web site a

taxonomy for use by such foreign private issuers in preparing their
Interactive Data Files.\6\
---------------------------------------------------------------------------

    \4\ See, e.g., 17 CFR 229.601(b)(101).
    \5\ See XBRL Adopting Release, 74 FR at 6785-86.
    \6\ See SEC No-Action Letter from the Division of Corporation
Finance and the Office of the Chief Accountant to the Center for
Audit Quality (Apr. 8, 2011), available at http://www.sec.gov/divisions/corpfin/cf-noaction/2011/caq040811.htm. With the issuance
of this notice and the posting of the IFRS taxonomy on the
Commission's Web site, the letter is now moot.
---------------------------------------------------------------------------

    On March 1, 2017, the IFRS Taxonomy was specified on the
Commission's Web site, as provided by the EDGAR Filer Manual.\7\
Accordingly, foreign private issuers that prepare their financial
statements in accordance with IFRS as issued by the IASB and are
subject to Rule 405 may immediately begin submitting their financial
statements in interactive data format. Although existing Rule 405 would
require foreign private issuers that prepare their financial statements
in accordance with IFRS as issued by the IASB to submit financial data
in XBRL upon publication of the taxonomy, the Commission is providing
notice that such issuers may first submit financial data in XBRL with
their first annual report on Form 20-F or 40-F for a fiscal period
ending on or after December 15, 2017.
---------------------------------------------------------------------------

    \7\ See Section 6.3.9 of Volume II of the EDGAR Filer Manual.

---------------------------------------------------------------------------
    By the Commission.

    Dated: March 1, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-04241 Filed 3-3-17; 8:45 am]
 BILLING CODE 8011-01-P


PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XVI. PUBLIC HEALTH

CHAPTER 111. PUBLIC HEALTH

NUISANCES

Chapter 111: Section 142M. Motor vehicle emissions inspection and
repair; definitions; rules and regulations; inspection facilities;
waivers; quality assurance program; violations

Section 142M. (a) As used in this section, the following words shall
have the following meanings unless the context clearly requires
otherwise:

“Commissioner”, the commissioner of environmental protection.

“Department”, the department of environmental protection.

“Dynamometer”, a device which applies a load to a vehicle’s drive
wheels while operating in a stationary, secure position to simulate
actual driving conditions for an emissions inspection.

“Electronic network”, or “network”, a computerized communication
system including, but not limited to, the computers, communications
devices and software for such system which links emissions analyzers,
the department’s emissions database, and the registry of motor
vehicles’ registration database and which allows the department and
the registry to store and analyze data on motor vehicle emissions
inspections, motor vehicles and emissions inspectors.

“Emissions analyzer”, a device which measures the volume of air
pollutants and gases in motor vehicle exhaust.

“Emissions inspection”, a component of the periodic staggered
inspection of motor vehicles required by section 7A of chapter 90
including, but not limited to, the inspection of a motor vehicle’s
emissions control equipment, including its computer system relating to
emissions, the measurement of air pollutant concentrations or mass in
vehicle exhaust with an analyzer while the vehicle is operated on a
dynamometer, the verification of vehicle fuel system integrity and the
entry of a complete emissions inspection record in the registry’s
database for the vehicle being inspected, as prescribed by the
department in regulations and performed by an emissions inspector.

“Emissions inspection certificate” or “inspection certificate”,
a printed statement, instrument or device in a form prescribed by the
registrar, in consultation with the commissioner, which provides
inspection information and facilitates effective enforcement of the
emissions inspection and maintenance requirements of this section and
chapter 90.

“Emissions inspection facility”, a facility, licensed by the
registrar under section 7W of chapter 90 for conducting motor vehicle
emissions inspections and other related duties.

“Emissions inspector”, a properly trained person, licensed by the
registrar and certified by the department and meeting the department’s
requirements for performing motor vehicle emissions inspections.

“Emissions repair technician”, a person registered with the
department and meeting departmental training standards for diagnosing
and repairing motor vehicles which fail an emissions inspection.

“Emissions inspection and maintenance program” or “I&M program”,
a component of the periodic staggered motor vehicle inspection required
by section 7A of chapter 90 which shall include motor vehicle emissions
inspections, including accurate and effective testing of vehicles, using
emission testing equipment, visual and functional tests of evaporative
systems, rigorous compliance and enforcement activities and quality
assurance and quality control procedures which promotes effective
emissions repair and maintenance of the motor vehicle.

“Evaporative emissions test”, a test administered to determine
whether there are leaks in a vehicle’s fuel or evaporative control
system, such as purge functions of a vapor canister.

“Emissions waiver certificate”, a written statement, instrument or
device indicating that the requirement of compliance with the emissions
standards and criteria for the emissions component of the motor vehicle
inspection program has been waived for a particular motor vehicle.

“On-road test”, a field test designed and conducted to assess the
emissions of motor vehicles.

“Registrar”, the registrar of motor vehicles.

“Registry”, the registry of motor vehicles.

“Tampering”, (i) the act of removing or rendering inoperative any
device or element of design installed on or in a motor vehicle or motor
vehicle engine in compliance with regulations under section 203(a) of
the federal Clean Air Act prior to its sale and delivery to the ultimate
purchaser; or (ii) for any manufacturer or dealer knowingly to remove or
render inoperative any such device or element of design after such sale
and delivery to the ultimate purchaser.

“Vehicle identification number” or “VIN”, the unique number
assigned to each vehicle by the vehicle manufacturer identifying
specific vehicle characteristics, such as make, model, model year,
pollution control devices and the particular vehicle itself.

(b) Pursuant to this section, the department shall develop the
standards, requirements and rules and regulations for the emissions
component of the periodic staggered inspection program established
pursuant to section 7A of chapter 90. It shall be the responsibility of
the department, under authority of this chapter, to provide the direct
primary oversight of the operational and environmental aspects of the
emissions component of the inspection program. Nothing in this section
shall be construed to require the leasing or purchasing of a
dynamometer, an emissions analyzer or any necessary computer hardware or
software by an emissions inspection facility from the network
contractor; provided, however, the network contractor shall provide
access to the data acquisition and management network to any emissions
inspection facility who purchases or leases a dynamometer, emissions
analyzer or necessary computer hardware or software through sources
other than the network contractor so long as such equipment complies
with testing equipment specifications as established by the commissioner
in consultation with the registrar. Any requests for proposals for
contracting with a network contractor shall require that the
commissioner, in consultation with the registrar, shall have oversight
over the charge assessed by the network contractor for access to the
data acquisition and management network to emissions inspection
facilities who purchased equipment through sources other than the
network contractor; provided, however, that notwithstanding the
provisions of this section, the commissioner and the registrar may
require emissions inspection facilities to obtain, lease or purchase
such equipment from the network contractor upon the determination that
allowing emissions inspection facilities to lease or purchase such
equipment through sources other than the network contractor would result
in an increase in the inspection fee. Said determination shall be made
by the commissioner and registrar, in consultation with the secretary of
administration and finance, only upon a finding that no feasible option
exists by which emissions inspection facilities may obtain such
equipment through sources other than the network contractor without
increasing the inspection fee. The amount of said fee for said
inspection shall be uniform statewide. It shall be the responsibility of
the registrar, under authority of chapter 90, to license inspection
facilities and inspectors and to register vehicles complying with the
inspection program requirements and to conduct audit and enforcement
activities related thereto. The department, on behalf of the
commonwealth, shall be responsible for submitting all appropriate and
required program regulations on the motor vehicle emissions component of
the inspection and maintenance program and applicable revisions to the
state implementation plan to the United States Environmental Protection
Agency, in accordance with the requirements of the federal Clean Air
Act. The department, in conjunction with the registry, may develop and
implement a demonstration or pilot of the motor vehicle emissions
inspection program or elements of such program to evaluate the
effectiveness of such program, or elements of such program, in
successfully reducing air contaminants emitted by motor vehicles in the
commonwealth as required by federal law.

The emissions component of the inspection program shall be required
statewide, shall be conducted on a staggered basis throughout the year
and shall be required of each subject motor vehicle at least every two
years unless otherwise exempted or specified by the department. The
commissioner shall establish rules and regulations specifying which
motor vehicles shall be subject to the motor vehicles emissions
component of the inspection program.

The commissioner shall establish rules and regulations establishing
standards and criteria for motor vehicle emissions inspections, giving
consideration to the United States Environmental Protection Agency’s
performance standards for the enhanced emissions inspection and
maintenance program and the level of emission reductions necessary to
achieve and maintain federal and state ambient air quality standards.
Such standards and criteria shall include, but not be limited to, a
requirement to test motor vehicle emissions for hydrocarbons, carbon
monoxide and oxides of nitrogen. The standards and criteria may be
different for different model years and types of vehicles.

The commissioner, in consultation with the registrar, shall establish
rules and regulations relative to testing equipment specifications,
including emissions analyzers, quality assurance and quality control
procedures for testing equipment, calibration gases, failure rates,
emission standards, testing procedures, data collection and data
analysis, and program evaluation.

The registrar, in consultation with the commissioner, shall determine
the number and location of inspection facilities necessary for the
success of the emissions component of the inspection program while
considering consumer convenience and cost and achieving an equitable
distribution across the commonwealth. Said registrar shall report to the
joint committee on public safety and the house and senate committees on
ways and means the actual number and location of inspection facilities
on or before July 1, 1998. The commissioner may establish criteria and a
process to select qualified applicants who shall be authorized to
participate in the emissions component of the inspection program. In no
event shall the use of state-owned or municipal-owned property as a site
for an inspection facility or a test center relieve the owner or
operator of the inspection facility from paying to the municipality an
amount equal to the local property taxes due if such property was not
state-owned or municipal-owned.

The department and the registry, in implementing the requirements of
this section, shall acquire personnel, purchase equipment and procure
services necessary to achieve the objectives hereunder including, but
not limited to, the following: (i) inspection of motor vehicles; (ii)
data acquisition and data management; (iii) quality control and quality
assurance; (iv) on-road testing; (v) program evaluation; (vi) public
communications; (vii) research and development; and (viii) any other
purposes related to the development and implementation of the motor
vehicle emissions component of the inspection program.

The technical and performance specifications of any equipment determined
by the department to be necessary and required in the implementation of
the provisions of this section, shall be reevaluated periodically as to
its useful life, flexibility and applicability as to changing
technological conditions and continued effectiveness in the emissions
inspection and maintenance program.

The department and the registry shall contract with a private entity
demonstrating an ability to manage emissions programs, hereinafter
referred to as the network contractor, to develop and manage the network
and inspection facilities of said motor vehicle inspection program. The
department and the registry shall, as a term and condition of such
contract, require the network contractor to: (i) acquire and distribute
inspection facility equipment; and (ii) acquire such equipment and the
associated maintenance services from one or more suppliers at discount
prices through volume purchasing. Such contract shall also include
performance standards which shall pertain to the motor vehicle
inspection program goals as set forth in the commonwealth’s state
implementation plan. Such contract shall also require the network
contractor to establish at least five test centers to be evenly
distributed across the commonwealth for research, training, repair
assistance and for any other purposes related to the implementation and
success of the emissions component of the inspection program. The
network contractor shall be responsible for achieving such goals as set
forth in regulations, policies and contract terms established by the
department and registry. Such contract shall require an extensive public
education and awareness program prior to the implementation of the motor
vehicle inspection program. Such public education program shall include,
but not be limited to, establishing and maintaining a comprehensive
consumer outreach campaign concerning air quality, sources of
pollutants, relevant aspects of automobile maintenance and other topics
related to the motor vehicle inspection requirements of chapter 90 and
this chapter. Such consumer outreach campaign shall include a consumer
hotline to receive motorists’ complaints and to answer questions
regarding the inspection procedures, repair information and other
related inspection issues.

(c) The commissioner shall establish rules and regulations implementing
the motor vehicle emissions component of the inspection program required
by section 7A of chapter 90. Such rules and regulations may reflect a
phased-in schedule for the motor vehicles subject to the emissions
component of the inspection program; provided, however, that such
phase-in shall not begin prior to July 1, 1998. The department may
continue to implement the motor vehicle emissions inspection program
established pursuant to section 142J of chapter 111 while phasing-in the
new requirements of this section.

The department shall notify the registrar as to which motor vehicles
shall be subject to the motor vehicle emissions component of the
inspection program. Said registrar shall give reasonable notification in
the form prescribed by said registrar, to the owners of motor vehicles
subject to the emissions inspection indicating which emissions
inspection procedures shall be required. The registrar shall not issue a
registration or, if such registration has already been issued, shall
suspend or not renew the registration of any motor vehicle which does
not comply with the provisions of this section or any regulation
promulgated hereunder.

The commissioner may establish regulations for exempting certain motor
vehicles from some or all of the requirements of this section. The
following motor vehicles may be exempt from the provisions of this
section and may require alternative test procedures: (i) any motor
vehicle the model year of which is 15 years before the year in which the
inspection occurs; (ii) any motor vehicle or class of motor vehicle that
is exempted by regulation or policy by the department because the
vehicle or class presents a prohibitive inspection problem or is
inappropriate for inspection; (iii) any motor vehicle operated
exclusively by electric power; and (iv) for one inspection cycle only,
any motor vehicle two model years old or less at the time the vehicle is
due for inspection.

The commissioner and the registrar shall establish procedures under
which fleet operators of fleets of 12 or more vehicles that are
centrally fueled and maintained may be authorized under such program to
conduct inspections and maintenance activities regarding such vehicles,
subject to such audit, review and enforcement under this section as the
commissioner and registrar deem appropriate.

The motorist presenting a motor vehicle for an emissions inspection
shall pay a fee to the inspection facility pursuant to section 7A of
chapter 90.

The registrar shall establish certification, training and continuing
education requirements for the safety component of the inspection
program. The commissioner shall establish certification, training and
continuing education requirements for the emissions component of the
inspection program. Such requirements shall be a precondition to the
issuance of a license to conduct motor vehicle inspections issued by the
registrar. Any person conducting an official motor vehicle inspection
without having received such license and certification shall be subject
to the penalties set forth in subsection (f).

The commissioner shall take steps to ensure that the capability exists
in the repair industry to repair motor vehicles which fail the emissions
component of the inspections required herein. Such steps shall include,
but not be limited to, training and continuing education for emissions
repair technicians and the involvement of vocational or technical
schools and various members and sectors of the automobile and automotive
repair industry. The commissioner shall establish procedures to register
emissions repair technicians and to conduct a performance monitoring
program of repair technicians, emissions inspection facilities and
emissions inspectors. Such performance monitoring may include, but not
be limited to, collection and evaluation of data on repairs. The
provision of this paragraph shall not prevent any person not so
registered from performing emissions repairs.

The department and the registry may conduct on-road testing of motor
vehicles, including trucks and buses, for research, development,
inspection or enforcement purposes. On-road testing may include
identification of motor vehicles which would pass the emissions
inspection and motor vehicles which would fail the emissions inspection.
The on-road testing program may include, but shall not be limited to:
(i) the use of portable or remote sensing equipment to measure
pollutants of a moving motor vehicle; (ii) evaluation of the use of such
equipment, alone or with other analytical information, equipment or
techniques, as a supplement or alternative to, replacement of or
enforcement of the emissions inspection; and (iii) the establishment of
test centers to research and evaluate the accuracy and effectiveness of
various emissions testing and enforcement methods.

The department and the registry shall create or enter into contracts to
create an electronic network linking the department, emissions
inspection equipment, the registry and any contractor to the department.
Such electronic network shall facilitate implementation, evaluation and
enforcement of the emissions inspection and maintenance program by the
department and the registry.

The registrar shall establish protocols for communication on the
electronic network. At its discretion, the registrar may grant emissions
inspection equipment, inspection facilities and inspectors access to the
electronic network. The commissioner and the registrar shall require
emissions inspection equipment to communicate with the commissioner
through the electronic network. The registrar, in consultation with the
commissioner shall establish procedures and requirements for connecting
and disconnecting emissions inspection equipment and inspection
facilities and for granting emissions inspectors access to the
electronic network.

The commissioner, in consultation with the registrar, may adopt rules
and regulations to implement an emissions inspection and maintenance
program for diesel-fueled motor vehicles.

The commissioner, in consultation with the registrar, shall promulgate
rules and regulations to establish a program for the issuance of
emissions waiver certificates; provided, however, that such rules and
regulations shall include eligibility standards and criteria, a
procedure whereby motorists may petition for emissions waiver
certificates and a notification process to inform motorists of the
emissions waiver certificate program and the emissions waiver
certificate petition process. Such eligibility standards and criteria
shall include, but not be limited to, provisions for the issuance of
emissions waiver certificates to any owner of a motor vehicle who
displays satisfactory proof that such motor vehicle has undergone
emissions-related repairs at a cost that exceeds a maximum cost
threshold to be determined by the commissioner and the registrar. The
commissioner shall report on the emissions waiver certificate program to
the joint committees on public safety and the house and senate
committees on ways and means on or before July 1, 1998.

(d) The commissioner and the registrar shall establish programs for
public information and consumer protection. The commissioner shall
establish procedures and requirements for the network contractor to
ensure maximum convenience to the motorist.

Each emissions inspection facility shall distribute information to
inform the public about the requirements, benefits and other
consumer-related matters of the emissions inspection and maintenance
program and any other information useful to the better understanding and
facilitation of the emissions inspection to the consumer as directed by
the commissioner.

Each inspection facility, while performing the emissions inspection,
shall be capable of providing consumer protection by generating data on
warranty-related recalls in a form and manner prescribed by the
commissioner and any other related information deemed necessary by the
commissioner. In addition, the commissioner shall establish procedures
to advise motorists whose vehicles are subject to either a voluntary
emissions recall or remedial action plan, as defined in and pursuant to
section 207 of the federal Clean Air Act, to obtain the appropriate
repairs.

(e) The commissioner, in consultation with the registrar, shall develop,
establish and implement a quality control program to ensure the accuracy
and integrity of the emissions component of the inspection program. Such
quality control program may include, but not be limited to, procedures
for: (i) calibrating, operating and maintaining emissions inspection
equipment; (ii) documenting the results from the performance of such
calibration, operation and maintenance; and (iii) transmitting such
documentation to the department.

The registrar, in consultation with the commissioner, shall develop,
establish and implement an on-going quality assurance program to
discover and prevent fraud, waste and abuse in the emissions component
of the inspection program. The quality assurance program shall include,
but not be limited to, overt and covert audits of emissions inspection
facilities and emissions inspectors, audits of data from emissions
inspection facilities, examination of emissions inspection equipment,
evaluation of quality control records and procedures and audits of
consumer complaints and responses to such complaints.

(f) The commissioner and the registrar or their designees shall have the
authority to enforce any provision of this section and may establish
rules and regulations pursuant to such authority. Such enforcement
authority shall permit officers or agents of the department or the
registry to enter the premises of any motor vehicle inspection facility
or any contractor to protect the public health and the environment,
implement the quality control and quality assurance requirements of this
section and for any other reasonable purpose related to implementation
and enforcement of the motor vehicle inspection and maintenance program
as determined by the commissioner and the registrar.

The registrar shall establish rules and regulations prohibiting any
person from issuing an inspection certificate for a motor vehicle that
has not been inspected in accordance with, or is not in compliance with,
the standards and criteria for motor vehicle inspections as required in
this section. The registrar also shall establish rules and regulations
prohibiting any person from failing to issue a certificate for a motor
vehicle that has been inspected in accordance with, and in compliance
with, the standards and criteria for motor vehicle inspections required
in this section if such motor vehicle meets the applicable standards and
criteria. No person shall alter, falsify or counterfeit an emissions
inspection certificate.

The registrar may deny access to the electronic network to any
inspection facility or emissions inspector that said registrar has
reason to believe is not performing inspections in compliance with the
registry’s rules and regulations adopted pursuant to this section or
under the authority of chapter 90.

Tampering with any emissions control device or system is hereby
prohibited. No person shall take any action that has the effect of
causing a motor vehicle to no longer comply with federal law or with the
applicable standards and criteria for the motor vehicle emissions
inspection and maintenance program or with requirements for motor
vehicle registration. Nothing in this section shall be construed to
prevent the temporary alteration of equipment for motor vehicle repair
or for the quality assurance program established pursuant to subsection
(e).

The commissioner and the registrar shall have the authority to order any
person, inspection facility or contractor to stop or abate a violation
of any rule or regulation adopted pursuant to this section or chapter
90.

Any person who violates any of the provisions of the second or fourth
paragraph of this subsection and any person or facility licensed or
required to be licensed pursuant to section 7W of chapter 90 who
violates any requirement or regulation adopted pursuant to this section
or any certificate or order issued thereunder shall: (i) be punished for
each violation by a fine of not more than $25,000 or by imprisonment for
not more than one year, or both such fine and imprisonment; or (ii) be
subject to a civil penalty of not more than $25,000 for each such
violation. Each day or part thereof that such violation occurs or
continues shall be deemed a separate violation. The civil penalty may be
assessed in an action brought on behalf of the commonwealth in the
superior court. The commonwealth also may bring an action for injunctive
relief in the superior court for any such violation, and the superior
court shall have jurisdiction to enjoin such violation and to grant such
further relief as it may deem appropriate.

Appendix 2: MA Statutory Authority for IM Program and the MA IM
Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program.  Documentation of IM SIP
Revision consistent with 42 USC Section 7511a and Section 182 (c)(3)(A)
of the Clean Air Act