[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Proposed Rules]
[Pages 9370-9374]
[FR Doc No: 2016-03690]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3702; Directorate Identifier 2015-NM-103-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-24-
12, which applies to all The Boeing Company Model 747-8 and 747-8F
airplanes. AD 2013-24-12 currently requires repetitive ultrasonic or
dye penetrant inspections for cracking of the barrel nuts and bolts on
each forward engine mount, and related investigative and corrective
actions if necessary. Since we issued AD 2013-24-12, we have determined
that it is necessary to mandate the installation of new barrel nuts or
new inspections to adequately address the unsafe condition. This
proposed AD would retain the requirements of AD 2013-24-12 and add
requirements to install new barrel nuts at the forward engine mounts;
or identify the part number of the barrel nuts, inspect affected barrel
nuts for gaps of the strut bulkhead and forward engine mount, and do
related investigative and corrective actions if necessary. This
proposed AD would also remove airplanes from the applicability. We are
proposing this AD to detect and correct cracked barrel nuts on a
forward engine mount, which could result in reduced load capacity of
the forward engine mount, separation of an engine under power from the
airplane, and consequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by April 11, 2016.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P. O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; Internet https://www.myboeingfleet.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<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-3702.

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-2016-
3702; 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
Office

(phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2016-3702;
Directorate Identifier 2015-NM-103-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 because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On November 19, 2013, we issued AD 2013-24-12, Amendment 39-17686
(78 FR 71989, December 2, 2013) (``AD 2013-24-12''), for all The Boeing
Company Model 747-8 and 747-8F airplanes. AD 2013-24-12 requires
repetitive ultrasonic or dye penetrant inspections for cracking of the
barrel nuts and bolts, as applicable, on each forward engine mount, and
related investigative and corrective actions if necessary. AD 2013-24-
12 resulted from a report of cracked barrel nuts found on a forward
engine mount. We issued AD 2013-24-12 to detect and correct cracked
barrel nuts on a forward engine mount, which could result in reduced
load capacity of the forward engine mount, separation of an engine
under power from the airplane, and consequent loss of control of the
airplane.

Actions Since AD 2013-24-12 Was Issued

    The preamble to AD 2013-24-12 explains that we considered the
requirements ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Boeing Service Bulletin 747-71A2329, Revision 1, dated May
28, 2015. The service information describes procedures for inspecting
for cracked bolts and barrel nuts on the forward engine mounts,
replacing cracked bolts and barrel nuts, and sending the inspection
results and cracked parts to Boeing.
     Boeing Special Attention Service Bulletin 747-71-2332,
Revision 1, dated May 28, 2015. The service information describes
procedures for installing new barrel nuts, inspecting the barrel nuts
at the forward engine mount to determine the part number (P/N),
inspecting for gaps of the strut bulkhead and forward engine mount, and
doing applicable related investigative and corrective actions.
     747-8/-8F Airworthiness Limitation (AWL), Document Number
D011U721-02-01, dated September 2015, which includes a limitation for
Structurally Significant Item (SSI) 54-50-003c, which describes
procedures for structural inspections.
    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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2013-24-12.
This proposed AD would also require accomplishing the actions specified
in Boeing Special Attention Service Bulletin 747-71-2332, Revision 1,
dated May 28, 2015, described previously, except as discussed under
``Differences Between Proposed AD and Service Information.'' For
information on the procedures and compliance times, see this service
information at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-3702.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary action, and (2) further investigate
the nature of any condition found. Related investigative actions in an
AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Differences Between Proposed AD and Service Information

    Boeing Special Attention Service Bulletin 747-71-2332, Revision 1,
dated May 28, 2015, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 7 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
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Inspections (retained actions      Up to 24 work-hours            $0  Up to $2,040 per      Up to $14,280 per
 from AD 2013-24-12).               x $85 per hour =                   inspection cycle.     inspection cycle.
                                    $2,040 per
                                    inspection cycle.
Installation (new proposed         17 work-hours x $85         6,384  $7,829..............  Up to $54,803.
 action).                           per hour = $1,445.

Inspections (new proposed          4 work-hours x $85              0  $340................  Up to $2,380.
 alternative actions).              per hour = $340.
Maintenance program revision (new  1 work-hour x $85               0  $85.................  $595.
 proposed requirement).             per hour = $85.
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    We have received no definitive data that would enable us to provide
cost estimates for the bootstrap installation specified in this
proposed AD. We estimate the following costs to do other necessary
related investigative and corrective actions that would be required
based on the results of the proposed inspection. We have no way of
determining the number of aircraft that might need these actions:

                                               On-Condition Costs
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                                                                                Cost per
                     Action                                   Labor cost               Parts cost      product
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Ultrasonic inspection...........................  5 work-hours x $85 per hour = $425           $0          $425
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    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid Office of Management and Budget
(OMB) control number. The control number for the collection of
information required by this AD is 2120-0056. The paperwork cost
associated with this AD has been detailed in the Costs of Compliance
section of this document and includes time for reviewing instructions,
as well as completing and reviewing the collection of information.
Therefore, all reporting associated with this AD is mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing the
burden should be directed to the FAA at 800 Independence Ave. SW.,
Washington, DC 20591. ATTN: Information Collection Clearance Officer,
AES-200.

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 have 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 that the 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 removing Airworthiness Directive (AD)
2013-24-12, Amendment 39-17686 (78 FR 71989, December 2, 2013), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2016-3702; Directorate Identifier
2015-NM-103-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 11,
2016.

(b) Affected ADs

    This AD replaces AD 2013-24-12, Amendment 39-17686 (78 FR 71989,
December 2, 2013).

(c) Applicability

    This AD applies to The Boeing Company Model 747-8F and 747-8
airplanes, certificated in any category, as identified in Boeing
Service Bulletin 747-71A2329, Revision 1, dated May 28, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a report of cracked barrel nuts found on
a forward engine mount, and by the determination that additional
actions are necessary to address the unsafe condition. We are
issuing this AD to detect and correct cracked barrel nuts on a
forward engine mount, which could result in reduced load capacity of
the forward engine mount, separation of an engine under power from
the airplane, and consequent loss of control of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections and Corrective Actions, With
Revised Service Information

    This paragraph restates the actions required by paragraph (g) of
AD 2013-24-12, Amendment 39-17686 (78 FR 71989, December 2, 2013)
(``AD 2013-24-12''), with revised service information: Except as
required by paragraph (h)(1) of this AD, at the time specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-71A2329, dated September 27, 2013: Do the inspection specified
in paragraph (g)(1) or (g)(2) of this AD, and do all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013; or Boeing Service Bulletin 747-
71A2329, Revision 1, dated May 28, 2015. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspection thereafter at the times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-71A2329, dated
September 27, 2013. As of the effective date of this AD, use only
Boeing Service Bulletin 747-71A2329, Revision 1, dated May 28, 2015.
    (1) Ultrasonic inspection for cracking of the barrel nuts on
each forward engine mount, except as required by paragraph (h)(2) of
this AD.
    (2) Dye penetrant inspection for cracking of the bolts and
barrel nuts. Whenever a dye penetrant inspection is done, all the
bolts and barrel nuts on that engine mount must be removed and
replaced with new or serviceable parts.

(h) Retained Exceptions to Service Information Specifications, With
Revised Service Information References

    (1) Where Boeing Alert Service Bulletin 747-71A2329, dated
September 27, 2013; or Boeing Service Bulletin 747-71A2329, Revision
1, dated May 28, 2015; specify a compliance time ``after the
original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after December 17,
2013 (the effective date of AD 2013-24-12).
    (2) Where Appendix B of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013, and Appendix B of Boeing Service
Bulletin 747-71A2329, Revision 1, dated May 28, 2015, state that
alternate instruments and transducers can be used, this AD requires
that only equivalent instruments and transducers can be used.
    (3) Where Appendix A of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013, and Appendix A of Boeing Service
Bulletin 747-71A2329, Revision 1, dated May 28, 2015, state to
record flight hours and flight cycles, record the flight hours and
flight cycles on the airplane and the flight hours and flight cycles
for each engine since change or removal.

(i) Retained Reporting and Sending Parts, With Revised Service
Information

    After any inspection required by paragraph (g) of this AD:
Submit a report of the inspection results (both positive and
negative), and return all cracked bolts and barrel nuts, at the
applicable time specified in paragraph (i)(1) or (i)(2) of this AD.
The report must include the information requested in Appendix A of
Boeing Alert Service Bulletin 747-71A2329, dated September 27, 2013,
or Appendix A of Boeing Service Bulletin 747-71A2329, Revision 1,
dated May 28, 2015, except as required by paragraph (h)(3) of this
AD. Both the report and all cracked bolts and barrel nuts must be
sent to the address specified in Appendix A of Boeing Alert Service
Bulletin 747-71A2329, dated September 27, 2013, or Appendix A of
Boeing Service Bulletin 747-71A2329, Revision 1, dated May 28, 2015.
    (1) For airplanes on which an ultrasonic inspection was done and
no cracking was found, do the required actions at the time specified
in paragraph (i)(1)(i) or (i)(1)(ii) of this AD, as applicable.
    (i) If the inspection was done on or after December 17, 2013
(the effective date of AD 2013-24-12): Submit the report within 10
days after the inspection.
    (ii) If the inspection was done before December 17, 2013 (the
effective date of AD 2013-24-12): Submit the report within 10 days
after December 17, 2013 (the effective date of AD 2013-24-12).
    (2) For airplanes on which a dye penetrant inspection was done,
do the required actions at the time specified in paragraph (i)(2)(i)
or (i)(2)(ii) of this AD, as applicable.
    (i) If the inspection was done on or after December 17, 2013
(the effective date of AD 2013-24-12): Submit the report and return
all cracked bolts and barrel nuts within 10 days after replacing the
bolts and barrel nuts with new or serviceable bolts and barrel nuts
in accordance with Part 2 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-71A2329, dated September 27, 2013;
or Boeing Service Bulletin 747-71A2329, Revision 1, dated May 28,
2015.
    (ii) If the inspection was done before December 17, 2013 (the
effective date of AD 2013-24-12): Submit the report and return all
cracked bolts and barrel nuts within 10 days after December 17, 2013
(the effective date of AD 2013-24-12).

(j) Retained Paperwork Reduction Act Burden Statement, With No Changes

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid Office of
Management and Budget (OMB) Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(k) New Installation or Inspections

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 747-71-
2332, Revision 1, dated May 28, 2015, except as required by
paragraph (o)(1) of this AD: Do the actions specified in paragraph
(k)(1) or (k)(2) of this AD, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-71-
2332, Revision 1, dated May 28, 2015, except as required by
paragraph (o)(2) of this AD.
    (1) Install new barrel nuts using the bootstrap installation
method identified in Part 1 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-71-2332, Revision 1,
dated May 28, 2015.
    (2) Do a general visual inspection to determine the part number
(P/N) of the barrel nuts at the forward engine mount. If any barrel
nut P/N SL4081C14SP1 is installed, before further flight, do a
general visual inspection for gaps of the strut bulkhead and forward
engine mount to determine if the nut-by-but method identified in
Part 4 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 747-71-2332, Revision 1, dated May 28,
2015, can be used, and do all applicable related investigative and
corrective actions. Do all applicable related investigative and
corrective actions before further flight, including the nut-by-nut
replacement identified in Part 4 of the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 747-71-2332, Revision
1, dated May 28, 2015. If the nut-by-nut replacement identified in
Part 4 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 747-71-2332, Revision 1, dated May 28,
2015 cannot be accomplished, install new nuts, in accordance with
paragraph (k)(1) of this AD.

(l) Maintenance Program Revision

    Within 30 days after accomplishment of the actions required by
paragraph (k) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later: Revise the maintenance or
inspection program, as applicable, to incorporate the 747-8/-8F
Airworthiness Limitation (AWL), Document Number D011U721-02-01,
Structurally Significant Item (SSI) 54-50-003c.

(m) Terminating Action

    Accomplishment of the actions required by paragraphs (k) and (l)
of this AD terminate the requirements of paragraphs (g) and (i) of
this AD.

(n) Parts Installation Prohibition

    As of the effective date of this AD, no person may install or
reinstall any barrel nut P/N SL4081C14SP1 at the forward engine
mount assembly on any airplane, and only P/N SL4750NA may be
installed.

(o) New Exceptions to Service Information Specifications

    (1) Where Boeing Special Attention Service Bulletin 747-71-2332,
Revision 1, dated May 28, 2015, specifies a compliance time ``after
the original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 747-71-2332,
Revision 1, dated May 28, 2015, specifies to contact Boeing for
appropriate action: Before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(r) of this AD.

(p) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (l) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (r) of this
AD.

(q) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (k) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 747-71-2332, dated May 30, 2014, which is not incorporated
by reference in this AD.

(r) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in paragraph (s)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2013-24-12 are approved as AMOCs for
the corresponding provisions of this AD.
    (5) Except as required by paragraph (o)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (r)(5)(i) and
(r)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(s) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet https://www.myboeingfleet.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<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 15, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-03690 Filed 2-24-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Notices]
[Page 56568-56570]
[DOCID:fr29se08-68]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-8722-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; NPDES and Sewage Sludge Monitoring Reports; EPA ICR
No. 0229.17; OMB Control No. 2040-0004.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that EPA is planning to submit a
request to renew and consolidate existing approved Information
Collection Requests (ICRs) and to update the burden in those estimates
to include the burden associated with EPA's upcoming Vessels General
Permit (VGP) to the Office of Management and Budget (OMB). Two of these
ICRs (NPDES and Sewage Sludge Monitoring Reports ICR, OMB 2040-0004 and
CSO Control Policy, OMB 2040-0170) are scheduled to expire on September
30, 2008. All of the burden will be consolidated under the NPDES and
Sewage Sludge Monitoring Reports ICR (OMB 2040-0004). Before submitting
the ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection as described
below.

DATES: Comments must be submitted on or before November 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0719, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>(Identify Docket ID No. EPA-HQ-
OW-2008-0719 in the subject line).
     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of three copies.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334,
1301 Constitution Avenue, NW., Washington, DC 20460. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments identified by the Docket ID No.
EPA-HQ-OW-2008-0719. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2008-0719, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West,

Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Water Docket is
202-566-2426.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of technical information/data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected Entities: Entities potentially affected by this action are
most facilities required to have NPDES permit coverage, including but
not limited to publicly owned treatment works (POTWs), privately owned
treatment works (PrOTWs), manufacturing and commercial dischargers,
mining operation, Concentrated Animal Feeding Operations (CAFOs),
stormwater dischargers, and vessels.
    Title: NPDES and Sewage Sludge Monitoring Reports.
    ICR Number: EPA ICR No. 0229.17, OMB Control No. 2040-0004.
    ICR Status: This ICR is currently scheduled to expire on September
30, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The purpose of this ICR is to consolidate, streamline,
and update EPA's NPDES-related ICRs into the currently approved ICR for
NPDES and Sewage Sludge Monitoring Reports (OMB Control No.: 2040-
0004). EPA identified 15 NPDES-related ICRs consisting of program-based
(i.e., Pretreatment Program), activity-based (i.e., Applications,
Discharge Monitoring Reports [DMRs]), and rule-based (i.e., Cooling
Water Intake-Phase II, Stormwater Program Phase II) ICRs. Historically,
EPA identified the five activity-based ICRs as representing the base
NPDES program. Those ICRs include: (1) Applications ICR (OMB Control
No. 2040-0086); (2) DMR ICR (OMB Control No. 2040-0004); (3)
Modification/Variance ICR (OMB Control No. 2040-0068); (4) Compliance
Assessment/Certification ICR (OMB Control No. 2040-0110); and (5) State
Program ICR (OMB Control No. 2040-0057). Several additional ICRs
include activities that contain similar activities to those identified
in the five base NPDES program ICRs and as such, are being consolidated
into this ICR. Those four ICRs include: (1) Stormwater Program Phase II
(OMB Control No. 2040-0211); (2) Stormwater discharges associated with
construction activities (OMB Control No. 2040-0188); (3) CSO Control
Policy (OMB Control No. 2040-0170); and (4) NPDES Great Lakes Water
Quality Guidance (OMB Control No. 2040-0180). In addition, the revised
ICR will account for the burden related to EPA's upcoming Eligible
Commercial and Other Non-recreational Vessels General Permit.
    Burden Statement: The individual ICRs provide a detailed
explanation of the Agency's estimate, which is briefly summarized here
on Tables 1 and 2. The frequency of response for these ICRs varies from
once to daily.

                                                    Table 1--ICRs Responses, Burden, and Cost Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Annual cost
                  OMB ICR No.                      EPA ICR No.                    Title                    Annual number   Annual burden      burden
                                                                                of responses       (hours)        (dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2040-0004......................................         0229.16  NPDES and Sewage Sludge Monitoring              583,987      14,193,543      11,816,288
                                                                  Reports (DMR).
2040-0057......................................         0168.08  NPDES and Sewage Sludge Management               19,405       1,013,802               0
                                                                  State Programs.
2040-0068......................................         0029.08  NPDES Modification and Variance                  23,610         280,224               0
                                                                  Requests.
2040-0086......................................         0226.17  Applications for the NPDES Discharge            249,494       1,359,497       5,380,000
                                                                  Permits and the Sewage Sludge
                                                                  Management Permits

2040-0110......................................         1427.07  NPDES Compliance Assessment/                    507,585       2,066,677               0
                                                                  Certification Information.
2040-0170......................................         1680.04  CSO Control Policy.....................           1,286         400,542         156,000
2040-0180......................................         1639.05  NPDES Great Lakes Water Quality                   1,257          84,537               0
                                                                  Guidance.
2040-0188......................................         1842.04  Notice of Intent (NOI) for Stormwater           157,546       8,247,638               0
                                                                  Discharges Associated with
                                                                  Construction Activity under an NPDES
                                                                  General Permit
2040-0211......................................         1820.03  NPDES Stormwater Program Phase II......         135,908       3,696,276               0
N/A............................................             N/A  Eligible Commercial and Other Non-              209,019         126,706               0
                                                                  recreational Vessels General Permit
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                     Table 2--ICRs Respondents and Averages Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average number
                                                                                Number of     of responses    Average hours
               OMB ICR No.                         EPA ICR No.                        Title                  potential       for each      per response
                                                                                respondents     respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
2040-0004................................  0229.16....................  NPDES and Sewage Sludge                   81,988             7.1            24.3
                                                                         Monitoring Reports (DMR).
2040-0057................................  0168.08....................  NPDES and Sewage Sludge                      618            31.4            52.2
                                                                         Management State Programs.
2040-0068................................  0029.08....................  NPDES Modification and Variance           11,831             2.0            11.9
                                                                         Requests.
2040-0086................................  0226.17....................  Applications for the NPDES               249,494             1.0             5.4
                                                                         Discharge Permits and the
                                                                         Sewage Sludge Management
                                                                         Permits
2040-0110................................  1427.07....................  NPDES Compliance Assessment/             450,471             1.1             4.1
                                                                         Certification Information.
2040-0170................................  1680.04....................  CSO Control Policy..............             776             1.7           311.5
2040-0180................................  1639.05....................  NPDES Great Lakes Water Quality            3,795             0.3            67.3
                                                                         Guidance.
2040-0188................................  1842.04....................  Notice of Intent (NOI) for               157,546             1.0            52.4
                                                                         Stormwater Discharges
                                                                         Associated with Construction
                                                                         Activity under an NPDES General
                                                                         Permit
2040-0211................................  1820.03....................  NPDES Stormwater Program Phase           135,908             1.0            27.2
                                                                         II.
N/A......................................  N/A........................  Eligible Commercial and Other             65,625             3.2             0.6
                                                                         Non-recreational Vessels
                                                                         General Permit
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Change in Burden: The current burden approved by OMB for the ICRs
being consolidated is 31,342,736 hours. Apart from the additional
burden related to EPA's upcoming Eligible Commercial and Other Non-
recreational Vessels General Permit, EPA does not anticipate that the
resulting burden for the consolidated ICR will be significantly
different than the sum of the individual ICRs. Any changes are expected
to be the result of fluctuations in the permitted universe.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: September 17, 2008.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. E8-22801 Filed 9-26-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72093-72094]
[FR Doc No: 2013-28784]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4155-DR; Docket ID FEMA-2013-0001]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-4155-DR), dated November
8, 2013, and related determinations.

DATES: Effective Date: November 8, 2013.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 8, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from a severe winter storm, snowstorm, and
flooding during the period of October 3-16, 2013, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Disaster Unemployment Assistance
and Public Assistance in the designated areas and Hazard Mitigation
throughout the State. You are further authorized to provide snow
assistance under the Public Assistance program for a limited time
during or proximate to the incident period. Consistent with the
requirement that Federal assistance be supplemental, any Federal
funds provided under the Stafford Act for Hazard Mitigation will be
limited to 75 percent of the total eligible costs. Federal funds
provided under the Stafford Act for Public Assistance also will be
limited to 75 percent of the total eligible costs, with the
exception of projects that meet the eligibility criteria for a
higher Federal cost-sharing percentage under the Public Assistance
Alternative Procedures Pilot Program for Debris Removal implemented
pursuant to section 428 of the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gary R. Stanley, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Butte, Corson, Custer, Dewey, Fall River, Haakon, Harding,
Jackson, Lawrence, Meade, Pennington, Perkins, Shannon, and Ziebach
Counties and the Cheyenne River Sioux Tribe of the Cheyenne River
Reservation within Dewey and Ziebach Counties and the Oglala Sioux
Tribe within Jackson and Shannon

Counties for Disaster Employment Assistance.
    Butte, Corson, Custer, Dewey, Fall River, Haakon, Harding,
Jackson, Lawrence, Meade, Pennington, Perkins, Shannon, and Ziebach
Counties and the Cheyenne River Sioux Tribe of the Cheyenne River
Reservation within Dewey and Ziebach Counties and the Oglala Sioux
Tribe within Jackson and Shannon Counties for Public Assistance.
    Butte, Custer, Fall River, Lawrence, Meade, and Pennington
Counties for snow assistance under the Public Assistance program for
any continuous 48-hour period during or proximate to the incident
period.
    All counties within the State of South Dakota are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-28784 Filed 11-29-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54237-54242]
[FR Doc No: 2015-22594]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0370; FRL-9930-71-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Motor Vehicle Inspection and Maintenance and Associated
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Utah on
January 10, 2013 and January 28, 2014. The revisions involve amendments
to Section X, Vehicle Inspection and Maintenance Program, Part A,
General Requirements and Applicability; the addition of Section X,
Vehicle Inspection and Maintenance Program, Part F, Cache County; and
revisions to Utah Administrative Rules R307-110-1, R307-110-31, and
R307-110-36. EPA is approving these SIP revisions in accordance with
the requirements of section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective October 9, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2014-0370. All documents in the docket are
listed on the www.regulations.gov Web site. 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 either electronically through www.regulations.gov or in hard
copy at the Air Program, Environmental Protection Agency (EPA), Region
8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that
if at all possible, you contact the individual listed in FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303)
312-6479<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. What was the State's process?
III. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability
IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part F, Cache County
V. EPA's Evaluation of the State's Associated Revisions to Utah
Rules R307-110-1, R307-110-31, and R307-110-36
VI. Consideration of Section 110(l) of the Clean Air Act
VII. Final Action
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews

I. Background

A. Utah's Revisions to SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability

    Section X of the Utah SIP addresses the provisions and requirements
for the motor vehicle inspection and maintenance (I/M) programs that
are administered by five counties in Utah. Section X of the SIP is
divided into six subparts ``A'' through ``F''; Part A addresses general
requirements and applicability provisions that are common to each of
the counties' I/M programs, Part B is the Davis County vehicle I/M
program, Part C is the Salt Lake County vehicle I/M program, Part D is
the Utah County vehicle I/M program, Part E is the Weber County vehicle
I/M program, and Part F is the Cache County vehicle I/M program.
    Section X, Part A is entitled ``Vehicle Inspection and Maintenance
Program, General Requirements and Applicability.'' The current version
of Part A, last approved by EPA on November 2, 2005 (70 FR 66264),
provides a discussion of the federal I/M requirements, the aspects of
On-Board Diagnostics (OBD) tests, a brief history of the Utah I/M
program and the state's general authority and general information
regarding the applicability of the Utah SIP to such I/M program aspects
as test frequency, enforcement, vehicle registration, and change in
vehicle ownership. Although duplicative, each of the four counties'
existing I/M programs, found in Parts B, C, D, and E to Section X,
contained very similar language as provided in Part A.
    By a letter dated January 10, 2013, the Governor of Utah submitted
a revision to Section X, Part A that updates and expands Part A to
contain the relevant brief history of the Utah I/M program, the state's
general authority, additional language on test types, general public
information, general enforcement provisions which are relevant to the
four counties implementing an existing I/M program, and the new I/M
program in Cache County. As Part A is applicable to all five of the
counties' I/M programs, this allows the removal of the duplicative
general language in existing Section X and allows the consolidation of
the common information and provisions in each counties' I/M program
into Part A. Each of the counties' I/M programs contained in Section X,
Parts B through F will then reference Part A.

B. Utah's Revisions to SIP section X, Vehicle Inspection and
Maintenance Program, To Add Part F, Cache County

    On November 13, 2009 (74 FR 58688), EPA designated a portion of
Cache County, Utah as nonattainment for the 2006 PM2.5 \1\
24-hour national ambient air quality standard (NAAQS). The Cache County
portion includes the city of Logan, Utah. The nonattainment area, which
also includes portions of

Franklin County, Idaho, is identified by EPA as ``Logan--UT/ID.''
---------------------------------------------------------------------------

    \1\ PM2.5 is Particulate Matter less than or equal to
2.5 microns in diameter.
---------------------------------------------------------------------------

    Through the course of the development of a dispersion modeled
attainment demonstration for Utah's attainment plan, a motor vehicle I/
M program was identified by the state as a reasonable control strategy
to achieve reductions of PM2.5 precursor emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOC)
necessary to support the SIP attainment demonstration for the Cache
County portion of the Logan-UT/ID 2006 PM2.5 24-hour NAAQS
nonattainment area. EPA notes, however, that under the applicable
subparts of Part D of Title I of the CAA for PM2.5
attainment plans, subparts 1 and 4, Cache County's I/M program is not a
CAA mandatory or required I/M program and is therefore not held to the
same level of applicable requirements as found in 40 CFR part 51,
subpart S (hereafter ``40 CFR 51, subpart S''), I/M program
requirements. As an example, a performance standard demonstration is
not required for the Cache County I/M program. Part F of Section X, in
conjunction with Section X, Part A as discussed above, was instead
designed by the County and state to meet the minimum applicable I/M
provisions and requirements presented in 40 CFR 51, subpart S. It is
also noted in Part F that although only a portion of Cache County was
designated as nonattainment for the 2006 PM2.5 24-hour
NAAQS, the I/M program will be implemented County-wide.
    By a letter dated January 28, 2014, the Governor submitted a SIP
revision to add Section X, Part F, for the new motor vehicle I/M
program for Cache County. As described further below, the Cache County
I/M program was designed with certain necessary components from 40 CFR
51, subpart S in order to have a viable I/M program that helps reduce
NOX and VOC precursor emissions of PM2.5. The I/M
program also generates emission reductions suitable for use in the
PM2.5 attainment demonstration that was subsequently
submitted by Utah to EPA on December 16, 2014.

C. Utah's Revisions to Rules R307-110-1, R307-110-31, and R307-110-36

    The Utah Administrative Code is the body of all effective
administrative rules as compiled and organized by the Utah Division of
Administrative Rules, Utah Department of Administrative Services.\2\
Utah's Administrative Rules are a portion of Utah's Codified Law. In
Utah, statements written by state agencies which have the effect of law
are called administrative rules. Unlike state statutes, which change
only when the Utah Legislature is in session, administrative rules
change throughout the year. A Utah administrative rule serves at least
two purposes; first, an enacted administrative rule has the binding
effect of law, and second, an administrative rule informs citizens of
actions a state government agency will take or how a state agency will
conduct its business. Under the authority of the Utah Air Conservation
Act as provided in Utah Code Title 19, Chapter 2, the Utah Air Quality
Board (UAQB) adopts certain provisions and requirements into the Utah
SIP. Those particular SIP elements must then be incorporated by
reference into the appropriate section of the Utah Administrative Rules
(hereafter ``Utah Rules'').
---------------------------------------------------------------------------

    \2\ For further information and citations to the relevant Utah
statutes that govern rulemaking, please refer to the Web site of the
Division of Administrative Rules: http://www.rules.utah.gov/ .
---------------------------------------------------------------------------

    By letters dated January 10, 2013 and January 28, 2014, the
Governor submitted SIP revisions involving updates to sections of the
R307-110 series air quality Utah Rules. The Governor's submittals
requested EPA to approve actions taken by the UAQB that updated three
sections of the Utah Rules R307-110 series which are entitled ``General
Requirements: State Implementation Plan.'' The three rules are:
    1. R307-110-1 which incorporates by reference the Utah SIP into the
Utah Rules and advises the public that the SIP is available on the Utah
Division of Air Quality (UDAQ) Web site.
    2. R307-110-31 which incorporates by reference Utah SIP Section X,
Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability.
    3. R307-110-36 which incorporates by reference Utah SIP Section X,
Vehicle Inspection and Maintenance Program, Part F, Cache County.

D. Proposed rule.

    On November 10, 2014, EPA published a proposed rule in the Federal
Register (see 79 FR 66670) in which we fully described and proposed
approval of the SIP revisions discussed above. Our proposed rule
provided an opportunity for public comment through December 10, 2014.
We did not receive any comments in response to our November 10, 2014
proposed rule.

II. What was the State's process?

    Section 110(a)(2) of the CAA requires that a state provide
reasonable notice and public hearing before adopting a SIP revision and
submitting it to us.

A. The Governor's January 10, 2013 SIP Submittal

    On October 15, 2012, October 16, 2012, and October 17, 2012 the
UAQB of the Utah Department of Environmental Quality conducted public
hearings to consider the adoption of revisions and additions to the
Utah SIP and the appropriate sections of the Utah Rules. The revisions
affecting the SIP involved SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability;
SIP Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County; and Utah Rules R307-110-1, R307-110-31, and R307-110-36.
After reviewing and responding to comments received before and during
the public hearings, the UAQB adopted the proposed revisions on
December 5, 2012. The SIP and Utah Rule revisions became state
effective on December 6, 2012 and were submitted by the Governor to EPA
by a letter dated January 10, 2013. By a subsequent letter dated
February 25, 2013, Bryce Bird, Director, UDAQ submitted the necessary
administrative documentation that supported the Governor's submittal.
    We evaluated the Governor's January 10, 2013 submittal for SIP
Section X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability; SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County; and Rules R307-110-1, R307-
110-31, and R307-110-36 and determined that Utah met the requirements
for reasonable notice and public hearing under section 110(a)(2) of the
CAA. By operation of law under section 110(k)(1)(B) of the CAA, the
Governor's January 10, 2013 submittal was deemed complete on July 10,
2013.

B. The Governor's January 28, 2014 SIP Submittal

    On August 7, 2013 the UAQB proposed for public comment amendments
to the Utah SIP for Section X, Vehicle Inspection and Maintenance
Program, Part F, Cache County and Utah Rule R307-110-36. These proposed
revisions superseded and replaced those previous revisions to the SIP
for Section X, Vehicle Inspection and Maintenance Program, Part F,
Cache County and Utah Rule R307-110-36 that the Governor had submitted
to EPA with his letter to EPA dated January 10, 2013. Included with the
state's administrative documentation for these SIP and Rule revisions
were letters dated October 23, 2013 and October 24, 2013 from Bryce
Bird, Director, UDAQ, to the UAQB. Both of these letters indicated that
a

public comment period was held from September 1 through October 1,
2013, regarding the proposed Cache County I/M program (ref. October 24,
2013 letter) and Utah Rule R307-110-36 (ref. October 23, 2013 letter)
revisions, and that no public comments were received and no public
hearings were requested. In consideration of these two letters, the
UAQB subsequently adopted the proposed revisions on November 6, 2013.
The SIP and Rule revisions became State effective on November 7, 2013,
and were submitted by the Governor to EPA by a letter dated January 28,
2014. By a subsequent letter dated February 4, 2014, Bryce Bird,
Director, UDAQ submitted the necessary administrative documentation
that supported the Governor's submittal.
    We evaluated Utah's January 28, 2014 submittal and determined that
the State met the requirements for reasonable notice and public hearing
under section 110(a)(2) of the CAA. By a letter dated June 30, 2014, we
advised the Governor that the SIP and Rule revisions submittal was
deemed to have met the minimum ``completeness'' criteria found in 40
CFR part 51, Appendix V.

III. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability

    As noted in section I of this action, Section X of the Utah SIP
addresses the provisions and requirements for the motor vehicle I/M
programs administered by five counties in Utah. Section X of the SIP is
divided into six subparts, ``A'' through ``F,'' with Part A addressing
general requirements and applicability provisions that are common to
each of the counties' I/M programs. Section X, Part A is entitled
``Vehicle Inspection and Maintenance Program, General Requirements and
Applicability,'' and its current provisions and requirements, as
updated by the Governor's SIP submittal of January 10, 2013, are
discussed below:

A. Utah SIP Section X, Part A: ``Requirements.''

    We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which is entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see page 79 FR
66672.

B. Utah SIP Section X, Part A: ``General Applicability.''

    We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see pages 79
FR 66672 and 66673.

C. Utah SIP Section X, Part A: ``General Summary.''

    We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section IV of our
proposed rule which entitled ``IV. EPA's Evaluation of the State's
Revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, General Requirements and Applicability.'' Please see page 79 FR
66673.
    Based on EPA's review of Utah's revisions to SIP Section X, Vehicle
Inspection and Maintenance Program, Part A, Requirements, General
Applicability, and General Summary and in consideration of our full
analysis as provided in our proposed rule of November 10, 2014 (79 FR
66670), we have concluded that our approval is warranted. As noted in
our November 10, 2014 proposed rule, this conclusion incorporates our
review of our prior approval of this section of the SIP (see 70 FR
66264, November 2, 2005) and the applicable sections of 40 CFR 51,
subpart S (sections 51.350 to 51.373). We have determined that the
revisions to Section X, Vehicle Inspection and Maintenance Program,
Part A, Requirements, General Applicability, and General Summary
sufficiently address the applicable sections of 40 CFR 51, subpart S
for these particular aspects of Utah's five counties' I/M programs. We,
therefore, are approving these revisions to the SIP.

IV. EPA's Evaluation of the State's Revisions to Section X, Vehicle
Inspection and Maintenance Program, Part F, Cache County

    Section X, Part F of the Utah SIP addresses the provisions and
requirements for the implementation of the motor vehicle I/M program in
Cache County, Utah. Section X, Part F of the SIP contains three main
components for the Cache County I/M program: (a.) The SIP language for
Section X Part F that addresses applicability, a general description of
the Cache County I/M program, and the time frame for implementation of
the I/M program; (b.) the Cache County Emission Inspection/Maintenance
Program Ordinance 2013-4; and (c.) the Bear River Health Department's
Regulation 2013-1. We note that the Cache County Ordinance 2013-4
contains language which delegates the implementation of the Cache
County I/M program to the Bear River Health Department (BRHD). All of
the above documents were adopted by the UAQB on November 6, 2013 and
were included with the Governor's SIP submittal of January 28, 2014.
The documents were supplemented by the February 4, 2014 UDAQ submittal
of the administrative documentation and are discussed in further detail
below.

A. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Applicability, Description of the Cache County I/M Program, and
I/M SIP Implementation

    1. Applicability. We provided a full analysis of the revisions to
this section of the SIP in our proposed rule of November 10, 2014 (79
FR 66670). For the specific discussion, the reader is directed to
section V of our proposed rule which entitled ``V. EPA's Evaluation of
the State's Revisions to Section X, Part F, Cache County Vehicle
Inspection and Maintenance Program.'' Please see page 79 FR 66674.
    2. Description of Cache County I/M Program. We provided a full
analysis of the revisions to this section of the SIP in our proposed
rule of November 10, 2014 (79 FR 66670). For the specific discussion,
the reader is directed to section V of our proposed rule which is
entitled ``V. EPA's Evaluation of the State's Revisions to Section X,
Part F, Cache County Vehicle Inspection and Maintenance Program.''
Please see page 79 FR 66674. Our evaluation discussed components of the
Cache County's I/M program involving such aspects as; Network Type,
Test Convenience, Subject fleet, Station/inspector Audits, Waivers,
Test frequency, Test Equipment, and Test Procedures.
    3. I/M SIP Implementation. Our proposed rule of November 10, 2014
(79 FR 66670) noted on page 79 FR 66674 that the SIP states the
following to address I/M implementation: ``The I/M program ordinance,
regulations, policies, procedures, and activities specified in this I/M
SIP revision shall be implemented by January 1, 2014 and shall continue
until a maintenance plan without an I/M program is approved by EPA in
accordance with Section 175 of the Clean Air Act.''

B. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Appendix 1, Cache County Emission Inspection/Maintenance
Program Ordinance 2013-4

    We provided a full analysis of the revisions to this section of the
SIP in our proposed rule of November 10, 2014 (79 FR 66670). For the
specific discussion, the reader is directed to section V of our
proposed rule which is entitled ``V. EPA's Evaluation of the State's
Revisions to Section X, Part F, Cache County Vehicle Inspection and
Maintenance Program.'' Please see page 79 FR 66674. Our evaluation
discussed components of the Cache County's I/M program involving such
aspects as: Section 1, Purpose; section 2, Powers and Duties; section
3, General Provisions; section 4, Guidelines to be Followed by the Bear
River Board of Health in Implementing a Vehicle Emission Inspection and
Maintenance Program in Cache County; section 5, Review of Need for
Program; and section 6, Effective Date. Of particular note is section
2.3, which delegates implementation of the I/M program to the BRHD, and
section 4, which sets several of the parameters for BRHD's program
implementation, including test schedules, fees, and waivers.

C. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache
County; Appendix 2, Bear River Health Department Regulation 2013-1

    This section of the SIP provides the BRHD's I/M regulation. The
Cache County I/M program is not a CAA mandated program and is,
therefore, allotted a certain amount of flexibility in the level of
applicable requirements as compared to a CAA or otherwise required
mandatory I/M program. The purpose of the Cache County I/M program is
to achieve reductions in PM2.5 NAAQS precursor emissions of
NOx and VOCs, to improve air quality, and to provide emission
reductions for use in a dispersion modeled SIP attainment
demonstration. To facilitate these objectives, EPA's analysis of the
BRHD's Regulation 2013-1 included a comparison of the BRHD's Regulation
2013-1 to applicable sections of 40 CFR 51, subpart S ``Inspection/
Maintenance Program Requirements.'' EPA's analysis of the BRHD's
Regulation 2013-1 was accomplished as described below.
    EPA reviewed the BRHD's Regulation 2013-1 for consistency with
appropriate sections of the federal I/M regulations, as applicable to a
non-mandatory I/M program, as codified in 40 CFR 51, subpart S,
sections 51.350 through 51.373. We provided a full analysis of the
revisions to this section of the SIP in our proposed rule of November
10, 2014 (79 FR 66670). For the specific discussion, the reader is
directed to section V of our proposed rule which entitled ``V. EPA's
Evaluation of the State's Revisions to Section X, Part F, Cache County
Vehicle Inspection and Maintenance Program.'' Please see pages 79 FR
66674 through 66678. Our evaluation discussed components of Cache
County's I/M program, with specific references to the particular
sections of the BRHD's Regulation 2013-1 and how they appropriately
addressed the applicable federal requirements including: 40 CFR
51.350--Applicability; 40 CFR 51.351--Enhanced I/M Performance Standard
and 40 CFR 51.352--Basic I/M Performance Standard; 40 CFR 51.353--
Network Type; 40 CFR 51.354--Adequate Tools and Resources; 40 CFR
51.355--Test Frequency and Convenience; 40 CFR 51.356--Vehicle
Coverage; 40 CFR 51.357--Test Procedures and Standards; 40 CFR 51.358--
Test Equipment; 40 CFR 51.359--Quality Control; 40 CFR 51.360--Waivers;
40 CFR 51.361--Motorist Compliance Enforcement; 40 CFR 51.362--Motorist
Compliance Enforcement Program Oversight; 40 CFR 51.363--Quality
Assurance; 40 CFR 51.364--Enforcement Against Contractors, Stations,
and Inspectors; 40 CFR 51.365--Data Collection; 40 CFR 51.366--Data
Analysis and Reporting; 40 CFR 51.367--Inspector Training and Licensing
or Certification; 40 CFR 51.368--Public Information and Consumer
Protection; 40 CFR 51.369--Improving Repair Effectiveness; 40 CFR
51.370--Compliance with Recall Notices; 40 CFR 51.371--On-road Testing;
40 CFR 51.372--State Implementation Plan Submittals; and 40 CFR
51.373--Implementation Deadlines.

D. Conclusion

    Our review, as presented in our November 10, 2014 proposed rule (79
FR 66670) and reiterated herein, involved: (1.) Section X, Part F,
Vehicle Inspection and Maintenance Program, (2.) Section X, Part F,
Appendix 1, which is the Cache County Ordinance 2013-4, and (3.)
Appendix 2, which is the BRHD's Regulation 2013-1, all as compared to
the applicable provisions of 40 CFR 51, subpart S for a non-mandatory
I/M program. Based on our review, we have determined that the SIP
revisions sufficiently address the applicable provisions in 40 CFR 51,
subpart S for a non-mandatory I/M program and that our approval is
warranted. We are, therefore, approving the Cache County I/M program as
described and authorized in Section X, Vehicle Inspection and
Maintenance Program, Part F, which includes Appendix 1 which is the
Cache County Ordinance 2013-4, and Appendix 2 which is the BRHD's
Regulation 2013-1.

E. Special Consideration of the Diesel I/M Provisions in the BRHD's
Regulation 2013-1

    As we discussed in our proposed rule (79 FR 66670, November 10,
2014), the Cache County I/M program is not a CAA mandatory or otherwise
required I/M program. EPA takes note of the provisions in the BRHD's
Regulation 2013-1, Section 9.4.6, which states that ``[a]ll diesel
powered vehicles model year 1998 and newer shall be tested as specified
in Appendix D, Diesel Test Procedures.'' Appendix D of Regulation 2013-
1 is entitled ``Test Procedures'' and contains test procedures for
OBDII, Two Speed Idle (TSI), and for Diesel Powered Vehicles.
    At this time, EPA has not promulgated specific I/M requirements for
diesel I/M programs. We have, to date, only issued policy guidance
regarding the gathering of OBD information from OBD-equipped diesel
vehicles.\3\ As such, we do not have regulatory language in 40 CFR 51,
subpart S to compare the diesel I/M requirements in the BRHD's
Regulation 2013-1 for potential SIP approval and SIP credit. However,
EPA does believe the above noted diesel I/M provisions in the BRHD's
Regulation 2013-1 have potential merit for evaluating diesel vehicles
and for reducing emissions from diesel vehicles. We are therefore also
approving the diesel I/M provisions in the BRHD's Regulation 2013-1;
however, our approval is only for the purposes of strengthening the SIP
and we are not approving the provisions as a diesel I/M program nor
assigning any SIP credit.
---------------------------------------------------------------------------

    \3\ See EPA Office of Transportation and Air Quality: ``Best
Practices for Addressing OBD Readiness in IM Testing of Diesel
Vehicles Under 14,000 Pounds Gross Vehicle Weight Rating,'' March
07, 2013.
---------------------------------------------------------------------------

V. EPA's Evaluation of the State's Associated Revisions to Utah Rules
R307-110-1, R307-110-31, and R307-110-36

A. Revisions to Utah Rule R307-110-1; Incorporation by Reference

    As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-1 is to incorporate by
reference the Utah SIP into this section of the Utah

Administrative Rules and to advise the public that the SIP is available
on the UDAQ's Web site. EPA finds this an administrative revision that
merely incorporates the Utah SIP into the State's Rules, which are a
portion of Utah's Codified Law, along with providing the public
information that the SIP can be accessed via the internet on the UDAQ's
Web site. The revisions to R307-110-1 were adopted by the UAQB on
December 5, 2012, became state-effective on December 6, 2012, and were
as submitted by the Governor by a letter dated January 10, 2013. By a
subsequent letter dated February 25, 2013, Bryce Bird, Director, UDAQ,
submitted the necessary administrative documentation that supported the
Governor's submittal.

B. Revisions to Utah Rule R307-110-31; Section X, Vehicle Inspection
and Maintenance Program, Part A, General Requirements and Applicability

    As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-31 is to incorporate
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part A, General Requirements and Applicability, as
adopted by the UAQB on December 5, 2012, and which became state-
effective on December 6, 2012. The revisions to SIP Section X, Part A,
were those as we discussed above in sections I, II, and III of this
action, and in our proposed rule, and were as submitted by the Governor
by a letter dated January 10, 2013. By a subsequent letter dated
February 25, 2013, Bryce Bird, Director, UDAQ, submitted the necessary
administrative documentation that supported the Governor's submittal.

C. Revisions to Utah Rule R307-110-36; Section X, Vehicle Inspection
and Maintenance Program, Part F, Cache County

    As discussed in our proposed rule of November 10, 2014 (79 FR
66670), the purpose of the revisions to R307-110-36 is to incorporate
by reference into the Utah Rules, SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County, as initially adopted by the
UAQB on December 5, 2012, and as superseded by the revisions as adopted
by the UAQB on November 6, 2013. Those revisions that were adopted by
the UAQB on November 6, 2013, became State-effective on November 7,
2013, and are the revisions to SIP Section X, Part F that we discussed
above in sections I, II, and IV of this action and in our proposed
rule. The November 7, 2013, effective revisions were submitted by the
Governor by a letter dated January 28, 2014 and were supported by a
subsequent letter, dated February 4, 2014, from Bryce Bird, Director,
UDAQ, which submitted the necessary administrative documentation.
    The revisions to Utah Rules R307-110-1, R307-110-31, and R307-110-
36, as discussed in our proposed rule (79 FR 66670, November 10, 2014)
and herein, incorporate by reference the applicable SIP revisions into
the Utah Administrative Rules which then codifies them in the Utah
Administrative Code. This is acceptable to EPA and we are, therefore,
approving these SIP revisions to Utah Rules R307-110-1, R307-110-31,
and R307-110-36.

VI. Consideration of Section 110(l) of the Clean Air Act

    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The provisions of Utah SIP Section X, Part A contain I/M
provisions that were previously approved by EPA and were also
simultaneously contained in the Utah's SIP Section X for each of the
county's I/M programs (i.e., Part B, Part C, Part D, and Part E). The
SIP revisions to Section X, Part A do not weaken the previously
approved requirements and provisions in Section X, Part A of the SIP,
nor do they reduce the emission reductions achieved by the original
program areas. Instead, the revisions to SIP Section X, Part A
reorganize and expand the existing requirements and provisions, to
reflect the redundant language that previously appeared in Parts B, C,
D, and E, and to expand SIP Section X, Part A to include the Cache
County I/M program (Part F). The revisions to SIP Section X, Part F
incorporate a new I/M program for Cache County that will help to reduce
PM2.5 precursor emissions of NOx and VOCs. The revisions to
Utah Rules R307-110-1, R307-110-31, and R307-110-36 merely incorporate
by reference the applicable SIP revisions into the Utah Administrative
Rules which then codifies them in the Utah Administrative Code. In view
of the above, EPA finds that the revisions to Utah SIP Section X, Part
A, Utah SIP Section X Part F, and Utah Rules R307-110-1, R307-110-31,
and R307-110-36 will not interfere with attainment, reasonable further
progress, or any other applicable requirement of the CAA.

VII. Final Action

    EPA is approving the January 10, 2013 submitted SIP revisions to
Utah's SIP Section X, Vehicle Inspection and Maintenance Program, Part
A, General Requirements and Applicability, and to Utah Rules R307-110-1
and R307-110-31. In addition, EPA is approving the January 28, 2014
submitted SIP revisions to Utah's SIP Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County, with clarification below,
and to Utah Rule R307-110-36.\4\ EPA clarifies that with its approval
of Utah's SIP Section X, Vehicle Inspection and Maintenance Program,
Part F, Cache County, Appendix 2, the provisions in the BRHD's
Regulation 2013-1, Section 9.4.6 and the diesel test procedures as
specified in BRHD's Regulation 2013-1, Appendix D are being approved
only for purposes of strengthening the SIP. These provisions are not
being approved as a diesel I/M program and are not being assigned any
SIP credit.
---------------------------------------------------------------------------

    \4\ In the February 25, 2013 letter from Bryce Bird, Utah
proposed to renumber Utah Rule R307-110-36, Section XXIII,
Interstate Transport to Utah Rule R307-110-37. EPA plans to take
action on that request in a different rulemaking. By approving R307-
110-36, Section X, Vehicle Inspection and Maintenance Program, Part
F, Cache County in this action, EPA is not superseding or removing
R307-110-36, Section XXIII, Interstate Transport from the federally-
enforceable SIP.
---------------------------------------------------------------------------

VIII. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the Utah
SIP materials and rules described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this rule's preamble for more
information).

IX. 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 Clean Air 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et se.);
     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 se.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 November 9, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52 [AMENDED]

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

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraph (c)(80) to read as
follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (80) Revisions to the Utah State Implementation Plan involving
Section X, Vehicle Inspection and Maintenance Program, Part A, General
Requirements and Applicability, and Utah Rules R307-110-1 and R307-110-
31. The Utah Air Quality Board (UAQB) adopted these SIP revisions on
December 5, 2012, they became state effective on December 6, 2012, and
were submitted by the Governor to EPA by a letter dated January 10,
2013. In addition, revisions to the Utah State Implementation Plan
involving; Section X, Vehicle Inspection and Maintenance Program, Part
F, Cache County and Utah Rule R307-110-36 were submitted for Agency
action. These SIP revisions were adopted by the UAQB November 6, 2013,
they became State effective on November 7, 2013, and were submitted by
the Governor to EPA by a letter dated January 28, 2014.
    (i) Incorporation by reference.
    (A)(1) Utah Rules R307, Environmental Quality, Air Quality, R307-
110, General Requirements: State Implementation Plan, R307-110-1,
Incorporation by Reference, and R307-110-31, Section X, Vehicle
Inspection and Maintenance Program, Part A, General Requirements and
Applicability; effective December 6, 2012, as proposed in the Utah
State Bulletin on October 1, 2012, and published as adopted in the Utah
State Bulletin on January 1, 2013.
    (2) Section X, Vehicle Inspection and Maintenance Program, Part A,
General Requirements and Applicability, adopted by the Utah Air Quality
Board on December 5, 2012. (B)(1) Utah Rule R307, Environmental
Quality, Air Quality, R307-110, General Requirements: State
Implementation Plan, R307-110-36, Section X, Vehicle Inspection and
Maintenance Program, Part F, Cache County; effective November 7, 2013,
as proposed in the Utah State Bulletin on September 1, 2013, and
published as adopted in the Utah State Bulletin on December 1, 2013.
    (2) Section X, Vehicle Inspection and Maintenance Program Part F,
Cache County, adopted by the Utah Air Quality Board on November 6,
2013.
* * * * *

[FR Doc. 2015-22594 Filed 9-8-15; 8:45 am]
 BILLING CODE 6560-50-P