[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80747-80754]
[FR Doc No: 2011-33012]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0767, FRL-9494-9]

Approval and Promulgation of Implementation Plans; Oregon: New
Source Review/Prevention of Significant Deterioration Rule Revisions
and Air Quality Permit Streamlining Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the amendments to the
Oregon State Implementation Plan (SIP) that were proposed on September
23, 2011. No comments were received on the proposal and today EPA is
taking final action to approve the proposed SIP amendments without
change. EPA is approving the SIP submission provided by the State of
Oregon for the purpose of addressing the third element of the
interstate transport provisions of Clean Air Act (CAA or the Act) for
the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or
standards) and the 1997 and 2006 fine particulate matter
(PM2.5) NAAQS. The third element of the CAA requires that a
state not interfere with any other state's required measures to prevent
significant deterioration (PSD) of its air quality. EPA is also
approving numerous revisions to the Oregon SIP that were submitted to
EPA by the State of Oregon on October 8, 2008; October 10, 2008; March
17, 2009; June 23, 2010; December 22, 2010 and May 5, 2011. The
revisions include updating Oregon's new source review (NSR) rules to be
consistent with current Federal regulations, adding greenhouse gases
(GHGs) to the list of pollutants whose emissions are subject to control
under the State's NSR permitting process; and streamlining Oregon's air
quality rules by clarifying requirements, removing duplicative rules,
and correcting errors. The Federal Implementation Plan (FIP) that EPA
promulgated on December 9, 2010, providing for federal implementation
of PSD permitting for GHGs is also withdrawn as part of this action
because it is being replaced through the approval of the State's
regulations providing authority for PSD permitting of GHG emissions.
The revisions were submitted in accordance with the requirements of
section 110 and part D of the Act. Finally, EPA has identified a
technical error in its most recent codification of the Oregon SIP and
is making a technical correction to reinstate text that had been
unintentionally omitted from that section.

DATES: This action is effective on January 26, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R10-OAR-2011-0767. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information 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 http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scott Hedges at telephone number:
(206) 553-0296, email address<EMAIL_ADDRESS>or the above EPA,
Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Information is organized
as follows:

Table of Contents

I. Background
    A. Third PSD Element of Oregon's Interstate Transport SIP for
the 1997 Ozone and 1997 and 2006 p.m.2.5 NAAQS
    B. Oregon's NSR/PSD Permitting Program
    C. Agricultural Operations (as specified in Oregon Revised
Statute 468A.020)
    D. Permitting Rule Corrections, Clarifications and Streamlining
II. Final Action
    A. Rules to Approve into SIP
    B. Rules on which No Action is Taken
III. Statutory and Executive Order Reviews

I. Background

    Title I of the CAA, as amended by Congress in 1990, specifies the
general requirements for states to submit State Implementation Plans
(SIPs) to attain and/or maintain the NAAQS and EPA's actions regarding
approval of those SIPs. On October 8, 2008, October 10, 2008, March 17,
2009, June 23, 2010, December 22, 2010 and May 5, 2011, the Oregon
Department of Environmental Quality (ODEQ) submitted numerous revisions
to the SIP for the State of Oregon. On September 23, 2011 (76 FR
59090), EPA solicited public comment on a proposal to approve specified
portions of the State's submissions. See 76 FR 59090. No public
comments were received on the proposal and we are now taking final
action to approve the SIP revisions as described in the September 23,
2011, proposal.

A. Third PSD Element of Oregon's Interstate Transport SIP for the 1997
Ozone and 1997 and 2006 PM2.5 NAAQS

    On July 18, 1997, EPA promulgated the 1997 8-hour ozone \1\ NAAQS
and the 1997 PM2.5 NAAQS \2\. Additionally on December 18,
2006, EPA revised the 1997 24-hour PM2.5 standard.\3\
Today's actions relate to these revised standards (the 1997 8-hour
ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS).
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    \1\ See 62 FR 38856. The level of the 1997 8-hour ozone NAAQS is
0.08 parts per million (ppm). 40 CFR part 50.10. The 8-hour ozone
standard is met when the 3-year average of the annual 4th highest
daily maximum 8-hour ozone concentrations is 0.08 ppm or less (i.e.,
less than 0.085 ppm based on the rounding convention in 40 CFR part
50, appendix I). This 3-year average is referred to as the ``design
value.''
    \2\ See 62 FR 38652. The level of the 1997 PM2.5
NAAQS are 15.0 [micro]g/m\3\ (annual arithmetic mean concentration)
and 65 [micro]g/m\3\ (24-hour average concentration). 40 CFR part
50.7. The annual standard is met when the 3-year average of the
annual mean concentrations is 15.0 [micro]g/m\3\ or less (i.e., less
than 15.05 [micro]g/m\3\ based on the rounding convention in 40 CFR
part 50, appendix N section 4.3). The 24-hour standard is met when
the 3-year average annual 98th percentile of 24-hour concentrations
is 65 [micro]g/m\3\ or less (i.e., less than 65.5 [micro]g/m\3\
based on the rounding convention in 40 CFR part 40 appendix N
section 4.3). Id. These 3-year averages are referred to as the
annual PM2.5 and 24-hour PM2.5 ``design
values,'' respectively.
    \3\ See 71 FR 61144 . In 2006, the 24-hour PM2.5
NAAQS standard was changed from 65 [micro]g/m\3\ to 35 [micro]g/m\3\
(24-hour average concentration). The annual PM2.5
standard was not changed. 40 CFR 50.13.
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    The interstate transport SIP provisions in section 110(a)(2)(D)(i)
(also called ``good neighbor'' provisions) require each state to submit
a SIP that contains provisions that prohibit emissions that adversely
affect another state in the ways contemplated in the statute. Section
110(a)(2)(D)(i) identifies four distinct elements related to the
evaluation of impacts of interstate transport of air pollutants. In
this rulemaking EPA is approving Oregon's SIP with respect to the third
element of that section. The third element of section 110(a)(2)(D)(i)
requires a SIP to contain adequate provisions prohibiting emissions
that interfere with any other state's required measures to prevent
significant deterioration of its air quality.
    As a part of its SIP submittal addressing interstate transport,
ODEQ submitted an analysis entitled ``Oregon SIP Infrastructure for
Addressing the Interstate Transport of Ozone and Fine Particulate
Matter'', dated November 5, 2009, to EPA on December 22, 2010.\4\ EPA
finds that ODEQ's submission, when evaluated in conjunction with the
NSR/PSD rule revisions that EPA is also approving in today's action,
meets the requirements under the CAA necessary to avoid interference
with another state's SIP measures for preventing significant
deterioration of air quality. We are, therefore, approving Oregon's SIP
submission for purposes of meeting the requirements of CAA section
110(a)(2)(D)(i) that addresses the third PSD element of the interstate
transport provisions for the 1997 8-hour ozone NAAQS and the 1997 and
2006 PM2.5 NAAQS.
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    \4\ This interstate transport report was inadvertently left out
of the original June 23, 2010, SIP submittal.
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B. Oregon's NSR/PSD Rule Revisions

    On December 31, 2002, EPA published final rule changes to the PSD
and nonattainment NSR programs (67 FR 80186) and on November 7, 2003,
EPA published a notice of final action on the reconsideration of the
December 31, 2002 final rule changes (68 FR 63021). The December 31,
2002 and the November 7, 2003, final actions, are collectively referred
to as the ``2002 NSR Reform Rules.''
    The 2002 NSR Reform Rules require that state agencies adopt and
submit revisions to their SIP permitting programs implementing the
minimum program elements of the 2002 NSR Reform Rules no later than
January 2, 2006. To meet this requirement, ODEQ submitted an NSR reform
equivalency demonstration report on December 22, 2005.
    For the reasons discussed in EPA's proposed action, EPA has
determined that Oregon's PSD program for reviewing and controlling
emissions from new and modified sources is at least as strict as EPA's
program. We have reviewed Oregon's NSR/PSD program and ODEQ's recent
rule revisions and have determined that the NSR/PSD program meets the
current requirements in 40 CFR 51.165 and 51.166. Accordingly, EPA is
taking final action to approve these measures into the federally
approved SIP.
    On May 5, 2011, ODEQ submitted a series of additional rule changes
as revisions to the Oregon SIP. These rule changes are necessary to
align its rules with significant changes made to EPA's air quality
permitting regulations, including the 2002 NSR Reform Rules (published
on December 31, 2002, effective date March 3, 2003), and the permitting
of PM2.5 (direct PM2.5 and PM2.5
precursors) and GHG emissions. The SIP submittal covers revisions to
OAR chapter 340, divisions 200, 202, 216, 224, 225, and 228.
    The rule revisions include the adoption of a threshold or
significant emission rate of 10 tons per year of PM2.5 as a
significant change at an existing facility. Facilities would trigger

NSR/PSD permitting only if a physical or operational change increased
emissions above this threshold. The rule revisions also include the
adoption of levels to determine if additional ambient air quality
analysis is required, track the cumulative impact of emissions growth
in areas that meet air quality standards, and determine if
preconstruction monitoring is required for PM2.5.
    In addition, the May 5, 2011, SIP submittal includes rules to allow
the permitting of GHG emissions under Oregon's NSR/PSD program.
Oregon's definition of ``federal major source'' is almost identical to
EPA's definition of ``major stationary source'' and as such, Oregon has
tailored its PSD rules in a manner identical to EPA's with respect to
major sources of GHG emissions. That is, for a ``federal major source''
to be ``major'' for GHGs under the Oregon PSD program, it must have the
potential to emit GHGs equal to or greater than 100,000 tons per year
on a carbon dioxide equivalent (CO2e) basis and a potential to emit
GHGs equal to or greater than 100/250 tons per year on a mass basis.\5\
However, Oregon's definition of ``major modification'' is substantially
different than (but equivalent to) EPA's definition of ``major
modification'' so Oregon has tailored its PSD rule in a different
manner in order to produce the same outcome with respect to major
modifications for GHGs as EPA's Tailoring Rule.
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    \5\ Carbon dioxide equivalent or CO2e is a unit of measurement
that allows the effect of different GHGs to be compared using carbon
dioxide as a standard unit for reference.
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    In order for Oregon's PSEL-based definition to have the same effect
as EPA's definition of ``major modification'' with respect to GHG
emissions (i.e., an increase greater than 75,000 tons per year on a
CO2e basis and an increase greater than ``zero'' on a mass basis),
Oregon's rule requires the establishment of PSELs on a CO2e basis and
an increase in the PSEL of more than 75,000 tons per year on a CO2e
basis, before a ``major modification'' under the Oregon rules will have
occurred.\6\ This approach is consistent with how the Oregon program
defines major modifications for all other NSR regulated pollutants and
results in the same outcome as EPA's Tailoring Rule with respect to
major modifications for GHG emissions.
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    \6\ Oregon's rules use the terms ``significant emission
threshold'' or ``significant emission rate (SER)'' for GHG PSD
permitting purposes. However, these terms do not have the same
meaning as ``significant'' as used in the context of EPA's PSD
regulation at 40 CFR 51.166. EPA has not established a significant
emission rate for GHGs under 40 CFR 51.166(b)(23)(i). Oregon's PSEL
PSD permitting program establishes a GHG threshold of 75,000 CO2e to
tailor the application of its PSD permitting program in a manner
similar to EPA's GHG Tailoring Rule.
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    EPA finds that these provisions are consistent with EPA's GHG
Tailoring Rule and is approving the GHG PSD permitting provisions into
the federally approved Oregon SIP, providing Oregon with the authority
to issue PSD permits addressing GHG emissions. EPA is simultaneously
withdrawing the FIP codified in 40 CFR 52.1987(d) that ensures the
availability of a PSD-permitting authority for GHG-emitting sources in
Oregon to reflect the fact that analogous provisions are now a part of
the federally-approved SIP. EPA has identified a technical error in 40
CFR 52.1987 whereby subsections (a), (b), and (c) were erroneously
omitted from the code of federal regulations when EPA promulgated the
GHG FIP and added subsection (d).\7\ In this action, EPA is clarifying
that subsections (a), (b), and (c) should not have been omitted from
the text of the CFR as EPA never provided notice of its intent (and did
not intend) to remove those provisions from the SIP.
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    \7\ See 75 FR 82246, 82254 (December 20, 2010).
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C. Agricultural Operations (as Specified in Oregon Revised Statute
468A.020)

    The CAA does not provide an exemption for agricultural operations
while, prior to 2007, Oregon's State law exempted most agricultural
operations from air quality regulations. To address this discrepancy,
the 2007 Oregon Legislature (in accordance with Oregon Senate Bill 235)
updated Oregon's air quality law (Oregon Revised Statute (ORS) 468.020
and 468A.020) to be consistent with the Federal CAA enabling the
regulation of air emissions from agricultural sources if necessary to
implement the Federal CAA. The Oregon Environmental Quality Commission
in turn adopted rule amendments to OAR<PHONE_NUMBER>,<PHONE_NUMBER>,
and<PHONE_NUMBER> to align these rules with ORS 468A.020 and to make
revisions to Oregon's SIP and the Oregon Title V operating permit
program. The revisions to OAR<PHONE_NUMBER>,<PHONE_NUMBER>, and (340)
264-0040 were submitted to EPA by ODEQ on October 8, 2008. OAR rules
now allow agricultural air quality pollution sources to be regulated in
Oregon as necessary to meet CAA requirements.
    EPA believes that the revised ORS 468A.020 (in conjunction with the
corresponding revisions to the OAR<PHONE_NUMBER>,<PHONE_NUMBER>, and
(340) 264-0040) meet CAA requirements and, therefore, are approving
these revised OAR provisions into the federally approved Oregon SIP.

D. Permitting Rule Corrections, Clarifications and Streamlining

    EPA is also approving portions of the October 10, 2008, March 17,
2009, and June 23, 2010, SIP submittals from ODEQ that correct previous
errors, provide clarification and streamline air quality permitting
rules in the State of Oregon.
    On November 5, 1999, ODEQ submitted a complete rule renumbering to
EPA for approval. On January 22, 2003 (68 FR 2891), we approved most of
these new divisions but at that time did not take action on division
208 (Visible Emissions and Nuisance Requirements). We are now approving
rules 0010 (Definitions), 0100 (Visible Emissions, Applicability), 0110
(Visible Emissions, Visible Air Contaminant Limitations), 0200
(Fugitive Emissions Requirements, Applicability) and 0210 (Fugitive
Emissions Requirements) of division 208 into the Oregon SIP which
replace division 21, rules 015, 050, 055, and 060, which are
simultaneously being removed from the SIP (codified in 40 CFR
52.1970(c)(153)(i)(G)).
    We are also approving Oregon's current excess emission rules
(division 214, rules 0300 through 0360 that were included in the
October 10, 2008 SIP submittal) into the Oregon SIP. These division 214
rules replace the federally-approved division 28, rules 1400, 1410,
1420, 1430, 1440, and 1450, which are simultaneously removed from the
SIP in this action (codified in 40 CFR 52.1970(c)(153)(i)(G)). EPA
finds that the division 214 rules conform to Federal standards related
to excess emissions. Oregon's excess emission provisions specify the
factors that the State will take into account regarding the exercise of
its enforcement discretion in response to excess emissions.
    Additionally, as part of October 10, 2008 SIP submittal, ODEQ
submitted a revision to repeal outdated rules governing wigwam waste
burners with a statewide prohibition on their use (division 234, rules
0110, 0120, and 0130) and redundant kraft pulp mill rules (division
234, rules 0230 and 0260). These rules are removed from the SIP in this
action (codified in 40 CFR 52.1970(c)(154)(i)(A)).
    These rules are described with additional specificity in our
proposal for this action (76 FR 59090).

II. Final Action

    EPA is taking final action to approve into Oregon's federally-
approved SIP

the provisions discussed in the September 23, 2011, proposal. This
action will result in the following changes to the Oregon SIP in 40 CFR
part 52, subpart MM.

A. Rules Approved Into SIP

    EPA is approving into the Oregon SIP at 40 CFR part 52, subpart MM,
the following revisions to chapter 340 of the OAR listed in Table 1. It
is important to note that in those instances where ODEQ submitted
multiple revisions to a single rule of chapter 340 of the OAR, the most
recent version of that rule (based on State effective date) is being
incorporated into the SIP since it supersedes all previous revisions.

                                                        Table 1--ODEQ Regulations Being Approved
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                                                                                State
              State citation                              Title/subject                 effective                        Explanation
                                                                                date
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                                              OAR 340-200--General Air Pollution Procedures and Definitions
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0010.....................................  General, Purpose and Application..........    11/8/2007  ....................................................
0020.....................................  General, General Air Quality Definitions..     5/1/2011  Including Tables 1-5.
0025.....................................  General, Abbreviations and Acronyms.......     5/1/2011  ....................................................
0030.....................................  General, Exceptions.......................    9/17/2008  ....................................................
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                                              OAR 340-202--Ambient Air Quality Standards and PSD Increments
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0010.....................................  Definitions...............................     5/1/2011  ....................................................
0060.....................................  Ambient Air Quality Standards, Suspended       5/1/2011  ....................................................
                                            Particulate Matter.
0090.....................................  Ambient Air Quality Standards, Ozone......    5/21/2010  ....................................................
0130.....................................  Ambient Air Quality Standards, Ambient Air    5/21/2010  ....................................................
                                            Quality Standard for Lead.
0210.....................................  Prevention of Significant Deterioration        5/1/2011  Including Table 1.
                                            Increments, Ambient Air Increments.
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                                                      OAR 340-204--Designation of Air Quality Areas
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0010.....................................  Definitions...............................    5/21/2010  ....................................................
0030.....................................  Designation of Nonattainment Areas........    5/21/2010  ....................................................
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                                                         OAR 340-206--Air Pollution Emergencies
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0010.....................................  Introduction..............................    5/21/2010  ....................................................
0030.....................................  Episode Stage Criteria for Air Pollution      5/21/2010  Including Table 2.
                                            Emergencies.
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                                                OAR 340-208--Visible Emissions and Nuisance Requirements
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0010.....................................  Definitions...............................    11/8/2007  ....................................................
0100.....................................  Visible Emissions, Applicability..........     2/5/2001  ....................................................
0110.....................................  Visible Emissions, Visible Air Contaminant    11/8/2007  ....................................................
                                            Limitations.
0200.....................................  Fugitive Emission Requirements,                2/5/2001  ....................................................
                                            Applicability.
0210.....................................  Fugitive Emission Requirements,                2/5/2001  ....................................................
                                            Requirements.
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                                                            OAR 340-209--Public Participation
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0040.....................................  Public Notice Information.................    11/8/2007  ....................................................
0070.....................................  Hearings and Meeting Procedures...........    11/8/2007  ....................................................
0080.....................................  Issuance or Denial of a Permit............    11/8/2007  ....................................................
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                                                OAR 340-210--Stationary Source Notification Requirements
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0205.....................................  Notice of Construction and Approval of        9/17/2008  ....................................................
                                            Plans, Applicability.
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                                                  OAR 340-214--Stationary Source Reporting Requirements
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0010.....................................  Definitions...............................    11/8/2007  ....................................................
0300 (Formally OAR-340-28-1400)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            Purpose and Applicability.
0310 (Formally OAR-340-28-1410)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            Planned Startup and Shutdown.
0320 (Formally OAR-340-28-1420)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            Scheduled Maintenance.
0330 (Formally OAR-340-28-1430)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            All Other Excess Emissions.
0340 (Formally OAR-340-28-1440)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            Reporting Requirements.
0350 (Formally OAR-340-28-1450)..........  Excess Emissions and Emergency Provision,     11/8/2007  ....................................................
                                            Enforcement Action Criteria.
0360.....................................  Emergency as an Affirmative Defense.......    11/8/2007  ....................................................
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                                                     OAR 340-216--Air Contaminant Discharge Permits
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0020.....................................  Applicability.............................     5/1/2011  Including Tables 1 and 2.
0040.....................................  Application Requirements..................     5/1/2011  ....................................................
0060.....................................  General ACDPs.............................     5/1/2011  ....................................................
0064.....................................  Simple ACDP...............................     5/1/2011  ....................................................
0082.....................................  Termination or Revocation of an ACDP......    11/8/2007  ....................................................
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                                                OAR 340-222--Stationary Source Plant Site Emission Limits
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0020.....................................  Applicability.............................    8/29/2008  ....................................................
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                                                           OAR 340-224 Major New Source Review
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0010.....................................  Applicability and General Prohibitions....     5/1/2011  ....................................................
0050.....................................  Requirements for Sources in Nonattainment      5/1/2011  ....................................................
                                            Areas.
0060.....................................  Requirements for Sources in Maintenance        5/1/2011  ....................................................
                                            Areas.
0070.....................................  Prevention of Significant Deterioration        5/1/2011  ....................................................
                                            Requirements for Sources in Attainment or
                                            Unclassified Areas.
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                                                     OAR 340-225--Air Quality Analysis Requirements
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0020.....................................  Definitions...............................     5/1/2011  Including Table 1.
0030.....................................  Procedural Requirements...................     5/1/2011  ....................................................
0045.....................................  Requirements for Analysis in Maintenance       5/1/2011  ....................................................
                                            Areas.
0050.....................................  Requirements for Analysis in PSD Class II      5/1/2011  ....................................................
                                            and Class III Areas.
0060.....................................  Requirements for Demonstrating Compliance      5/1/2011  ....................................................
                                            with Standards and Increments in PSD
                                            Class I Areas.
0090.....................................  Requirements for Demonstrating a Net Air       5/1/2011  Except 0090(2)(a)(C) addressing interpollutant
                                            Quality Benefit.                                         offset ratios.
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                                      OAR 340-228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
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0020.....................................  Definitions...............................    11/8/2007  ....................................................
0200.....................................  General Emission Standards for Fuel           11/8/2007  ....................................................
                                            Burning Equipment, Sulfur Dioxide
                                            Standards.
0210.....................................  General Emission Standards for Fuel           11/8/2007  ....................................................
                                            Burning Equipment, Grain Loading
                                            Standards.
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                                                     OAR 340-232--Emission Standards for VOC Sources
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0010.....................................  Introduction..............................    11/8/2007  ....................................................
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                                              OAR 340-234--Emission Standards for Wood Products Industries
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0010.....................................  Definitions...............................    11/8/2007  Except 0010(24), 0010(26)(a) and 0010(44) addressing
                                                                                total reduced sulfur (TRS) emission-related
                                                                                definitions.
0100.....................................  Wigwam Waste Burners, Wigwam Waste Burners    11/8/2007  ....................................................
0110.....................................  Wigwam Waste Burners, Authorization to        11/8/2007  Rule repealed, remove from SIP.
                                            Operate a Wigwam Burner.
0120.....................................  Wigwam Waste Burners, Emission and            11/8/2007  Rule repealed, remove from SIP.
                                            Operation Standards for Wigwam Waste
                                            Burners.
0130.....................................  Wigwam Waste Burners, Monitoring and          11/8/2007  Rule repealed, remove from SIP.
                                            Reporting.
0140.....................................  Wigwam Waste Burners, Existing                11/8/2007  ....................................................
                                            Administrative Agency Orders.
0210.....................................  Kraft Pulp Mills, Emission Limitations....    11/8/2007  Except 0210(1) addressing TRS emission limitations.
0230.....................................  Kraft Pulp Mills, Plans and Specifications    11/8/2007  Rule repealed, remove from SIP.
0240.....................................  Kraft Pulp Mills, Monitoring..............    11/8/2007  Except 0240(1) addressing TRS monitoring provisions.
0250.....................................  Kraft Pulp Mills, Reporting...............    11/8/2007  Except 0250(1) and 0250(2) addressing TRS reporting
                                                                                provisions.
0260.....................................  Kraft Pulp Mills, Upset Conditions........    11/8/2007  Rule repealed, remove from SIP.
0500.....................................  Board Product Industries, Applicability       11/8/2007  ....................................................
                                            and General Provisions.
0510.....................................  Board Product Industries, Veneer and          11/8/2007  ....................................................
                                            Plywood Manufacturing Operations.
0520.....................................  Board Product Industries, Particleboard       11/8/2007  ....................................................
                                            Manufacturing Operations.
0530.....................................  Board Product Industries, Hardboard           11/8/2007  ....................................................
                                            Manufacturing Operations.
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                                                  OAR 340-236--Emission Standards for Specific Sources
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0010.....................................  Definitions...............................    11/8/2007  ....................................................
0410.....................................  Hot Asphalt Plants, Control Facilities        11/8/2007  ....................................................
                                            Required.
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                                                           OAR 340-264--Rules for Open Burning
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0040.....................................  Exemptions, Statewide.....................    9/17/2008  ....................................................
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B. Rules on Which No Action Is Taken

    The following provisions were included in the SIP submittals
discussed above. However, EPA is taking no action to incorporate them
into Oregon's federally approved SIP at this time.

OAR 340-200--General Air Pollution Procedures and Definitions, rule
0040, General, ``State of Oregon Clean Air Act Implementation Plan''.
OAR 340-215--Greenhouse Gas Reporting Requirements.
OAR 340-218--Oregon Title V Operating Permits, rules 0010, 0020, 0040,
0050, 0120, 0150, 0180, 0190 and 0250.
OAR 340-225--Air Quality Analysis Requirements, rule 0090, Requirements
for Demonstrating a Net Air Quality Benefit, paragraph (a)(C)
addressing interpollutant offset ratios for PM2.5.
OAR 340-228--Requirements for Fuel Burning Equipment and Fuel Sulfur
Content, rules 0672, 0673, 0676, and 0678 (Mercury Rules for Coal-Fired
Power Plants).
OAR 340-228--Requirements for Fuel Burning Equipment and Fuel Sulfur
Content, rule 0300, Federal Acid Rain Program, Federal Regulations
Adopted by Reference.
OAR 340-230--Incinerator Regulations.
OAR 340-234--Standards for Wood Products Industries--Specific
references to TRS emission limits or definitions.
OAR 340-246--Oregon State Air Toxics Program, rule 0230, Safety Net
Source Air Toxics Emissions Reduction Measures in Permit.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

    Dated: November 9, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraphs (c)(153) and (154)
to read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (153) On October 8, 2008, October 10, 2008, March 17, 2009, June
23, 2010, December 22, 2010, and May 5, 2011, the Oregon Department of
Environmental Quality submitted numerous amendments to the Oregon
Administrative Rules as revisions to the Oregon State implementation
plan. The revisions include updating Oregon's new source review rules
to be consistent with current Federal regulations and streamlining
Oregon's air quality rules by clarifying requirements, removing
duplicative rules, and correcting errors.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective February 5, 2001:

    (1) Division 208, Visible Emissions and Nuisance Requirements: Rule
0100, Visible Emissions, Applicability; Rule 0200, Fugitive Emission
Requirements, Applicability; Rule 0210, Fugitive Emission Requirements,
Requirements.
    (B) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective November 8, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0010, General, Purpose and Application;
    (2) Division 208, Visible Emissions and Nuisance Requirements: Rule
0010, Definitions; Rule 0110, Visible Emissions, Visible Air
Contaminant Limitations;
    (3) Division 209, Public Participation: Rule 0040, Public Notice
Information; Rule 0070, Hearing and Meeting Procedures; Rule 0080,
Issuance or Denial of a Permit;
    (4) Division 214, Stationary Source Reporting Requirements: Rule
0010, Definitions; Rule 0300, Excess Emissions and Emergency Provision,
Purpose and Applicability; Rule 0310, Excess Emissions and Emergency
Provision, Planned Start-up and Shutdown; Rule 0320, Excess Emissions
and Emergency Provision, Scheduled Maintenance; Rule 0330, Excess
Emissions and Emergency Provision, All Other Excess Emissions; Rule
0340, Excess Emissions and Emergency Provision, Reporting Requirements;
Rule 0350, Excess Emissions and Emergency Provision, Enforcement Action
Criteria; Rule 0360, Excess Emissions and Emergency Provision,
Emergency as an Affirmative Defense;
    (5) Division 216, Air Contaminant Discharge Permits: Rule 0082,
Termination or Revocation of an ACDP;
    (6) Division 228, Requirements for Fuel Burning Equipment and Fuel
Sulfur Content: Rule 0020, Definitions; Rule 0200, General Emission
Standards for Fuel Burning Equipment, Sulfur Dioxide Standards; Rule
0210, General Emission Standards for Fuel Burning Equipment, Grain
Loading Standards;
    (7) Division 232, Emission Standards for VOC Point Sources: Rule
0010, Introduction;
    (8) Division 234, Emission Standards for Wood Products Industries:
Rule 0010, Definitions (except for paragraphs (24), (26)(a) and (44));
Rule 0100, Wigwam Waste Burners, Wigwam Waste Burners; Rule 0140,
Wigwam Waste Burners, Existing Administrative Agency Orders; Rule 0210,
Kraft Pulp Mills, Emission Limitations (except for paragraph (1)); Rule
0240, Kraft Pulp Mills, Monitoring (except for paragraph (1)); Rule
0250, Kraft Pulp Mills, Reporting (except for paragraphs (1) and (2));
Rule 0500, Board Products Industries (Veneer, Plywood, Particleboard,
Hardboard), Applicability and General Provisions; Rule 0510, Board
Products Industries (Veneer, Plywood, Particleboard, Hardboard), Veneer
and Plywood Manufacturing Operations; Rule 0520, Board Products
Industries (Veneer, Plywood, Particleboard, Hardboard), Particleboard
Manufacturing Operations; Rule 0530, Board Products Industries (Veneer,
Plywood, Particleboard, Hardboard), Hardboard Manufacturing Operations;
    (9) Division 236, Emission Standards for Specific Industries: Rule
0010, Definitions; Rule 0410, Hot Mix Asphalt Plants, Control
Facilities Required.
    (C) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective August 29, 2008:
    (1) Division 222, Stationary Source Plant Site Emission Limits:
Rule 0020, Applicability.
    (D) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective September 17, 2008:
    (1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0030, General, Exceptions;
    (2) Division 210, Stationary Source Notification Requirements: Rule
0205, Notice of Construction and Approval of Plans, Applicability;
    (3) Division 264, Rules for Open Burning: Rule 0040, Exemptions,
Statewide.
    (E) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 21, 2010:
    (1) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0090, Ambient Air Quality Standards, Ozone; Rule 0130, Ambient Air
Quality Standards, Ambient Air Quality Standard for Lead;
    (2) Division 204, Designation of Air Quality Areas: Rule 0010,
Definitions; Rule 0030, Designation of Nonattainment Areas;
    (3) Division 206, Air Pollution Emergencies: Rule 0010,
Introduction; Rule 0030, Episode Stage Criteria for Air Pollution
Emergencies (including Table 2, Air Pollution Episode Warning
Conditions Emission Reduction Plan).
    (F) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 1, 2011:
    (1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0020, General, General Air Quality Definitions (including Table 1,
Significant Air Quality Impact; Table 2, Significant Emission Rates;
Table 3, Significant Emission Rates for the Medford-Ashland Air Quality
Maintenance Area; Table 4, De Minimus Emission Levels; Table 5, General
PSELs); Rule 0025, General, Abbreviations and Acronyms;
    (2) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0010, Definitions; Rule 0060, Ambient Air Quality Standards,
Suspended Particulate Matter; Rule 0210, Prevention of Significant
Deterioration Increments, Ambient Air Increments (including Table 1,
Maximum Allowable Increase);
    (3) Division 216, Air Contaminant Discharge Permits: Rule 0020,
Applicability (including Table 1, Air Contaminant Discharge Permits;
Table 2, Part 1 Initial Permitting Application Fees, Part 2 Annual
Fees, Part 3 Specific Activity Fees, Part 4 Late Fees); Rule 0040,
Application Requirements; Rule 0060, General Air Contaminant Discharge
Permits; Rule 0064, Simple ACDP;
    (4) Division 224, Major New Source Review: Rule 0010, Applicability
and General Prohibitions; Rule 0050, Requirements for Sources in
Nonattainment Areas; Rule 0060, Requirements for Sources in Maintenance
Areas, Rule 0070, Prevention of Significant Deterioration Requirements
for Sources in Attainment or Unclassified Areas;
    (5) Division 225, Air Quality Analysis Requirements: Rule 0020,
Definitions (including Table 1, Constant K for Range of Influence
Calculation); Rule 0030, Procedural Requirements; Rule 0045,
Requirements for Analysis in Maintenance Areas; Rule 0050, Requirements
for Analysis in PSD Class II and Class III Areas; Rule 0060,
Requirements for Demonstrating Compliance With Standards and Increments
in PSD Class I Areas; and Rule 0090, Requirements for Demonstrating a
Net Air Quality Benefit (except paragraph (2)(a)(C)).
    (G) Remove the following rules from section 340 to the OAR from the
current incorporation by reference: Divisions 21, Rules 015, 050, 055
and 060; and Division 28. See paragraph(s) (c)(116)(i)(A),
(c)(116)(i)(C), (c)(118)(i)(B) and (c)(139)(i)(B) of this section.
    (154) On October 10, 2008, the Oregon Department of Environmental
Quality submitted a SIP revision to repeal outdated rules governing
wigwam waste burners with a statewide prohibition on their use, and to
repeal redundant kraft pulp mill rules.
    (i) Incorporation by reference.
    (A) Remove the following rules of section 340 of the OAR from the
current incorporation by reference: Division 234, Rules 0110, 0120,
0130, 0230 and

0260. See paragraph (c)(139)(i)(A) of this section.

0
3. Section 52.1987 is revised to read as follows:

Sec.  52.1987  Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for the
prevention of significant deterioration of air quality (provisions of
OAR Chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224, 225
(except 225-0090(2)(a)(C) on interpollutant offset ratios), and 268, as
in effect on May 1, 2011, are approved as meeting the requirements of
title I, part C, subpart 1 of the Clean Air Act, as in effect on July
1, 2011, for preventing significant deterioration of air quality.
    (b) The Lane Regional Air Pollution Authority rules for permitting
new and modified major stationary sources (Title 38 New Source Review)
are approved, in conjunction with the Oregon Department of
Environmental Quality rules, in order for the Lane Regional Air
Pollution Authority to issue prevention of significant deterioration
permits within Lane County.
    (c) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions in
Sec.  52.21 except paragraph (a)(1) are hereby incorporated and made
part of the applicable plan for Indian reservations in the State of
Oregon.

0
4. In Sec.  52.1989, paragraph (a) is revised to read as follows:

Sec.  52.1989  Interstate Transport for the 1997 8-hour ozone NAAQS and
1997 24-hour PM2.5 NAAQS.

    (a) On June 23, 2010 and December 22, 2010, the Oregon Department
of Environmental Quality submitted a SIP revision, adopted by the
Oregon Environmental Quality Commission on April 30, 2010, to meet the
requirements of Clean Air Act section 110(a)(2)(D)(i). EPA approves the
portion of this submittal relating to significant contribution to
nonattainment of the NAAQS in any other state and interference with
maintenance of the NAAQS by any other state. EPA also approves the
portion of the submittal addressing the requirement in Clean Air Act
section 110(a)(2)(D)(i)(II) that a state not interfere with any other
state's required measures to prevent significant deterioration (PSD) of
its air quality (the third PSD element).
* * * * *
0
5. Section 52.1990 is added to read as follows:

Sec.  52.1990  Interstate Transport for the 2006 24-hour
PM2.5 NAAQS.

    (a) EPA approves the portion of Oregon's SIP revision submitted
June 23, 2010, and December 22, 2010 (referenced in Sec.  52.1989(a))
addressing the requirement in Clean Air Act section 110(a)(2)(D)(i)(II)
that a state not interfere with any other state's required measures to
prevent significant deterioration (PSD) of its air quality (the third
PSD element).
    (b) [Reserved]

[FR Doc. 2011-33012 Filed 12-23-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Page 70520]
[FR Doc No: 2011-29413]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 RMD Technologies, Inc., Rockwall Holdings, Inc., Southmark
Corp., Stargold Mines, Inc., Stelax Industries, Ltd., Stem Cell
Innovations, Inc., and Surfect Holdings, Inc.; Order of Suspension of
Trading

November 9, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
RMD Technologies, Inc. because it has not filed any periodic reports
since the period ended February 29, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Rockwall Holdings, Inc. because it has not filed any periodic reports
since the period ended December 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Southmark Corp. because it has not filed any periodic reports since the
period ended June 30, 1996.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Stargold Mines, Inc. because it has not filed any periodic reports
since the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Stelax Industries, Ltd. because it has not filed any periodic reports
since the period ended September 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Stem Cell Innovations, Inc. because it has not filed any periodic
reports since the period ended September 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Surfect Holdings, Inc. because it has not filed any periodic reports
since the period ended December 31, 2008.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m.
E.S.T. on November 9, 2011, through 11:59 p.m. E.S.T. on November 22,
2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-29413 Filed 11-9-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Proposed Rules]
[Pages 49389-49394]
[FR Doc No: 2012-20107]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0845; Directorate Identifier 2012-CE-013-AD]
RIN 2120-AA64

Airworthiness Directives; Revo, Incorporated Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Revo, Incorporated Models COLONIAL C-1,
COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and LAKE LA-4-200
airplanes. The existing AD currently requires a one-time dye-penetrant
inspection of the horizontal stabilizer attachment fitting and
repetitive visual inspections of the fitting for any evidence of
fretting, cracking, or corrosion (with necessary replacement and
modification); replacement of the fitting upon reaching the 850-hours
time-in-service (TIS) safe life; and reporting to the FAA the results
of the initial inspection and any cracks found on repetitive
inspections. Since we issued AD 2005-12-02, Revo, Incorporated informed
the FAA that while the drawing numbers are different, the attachment
fittings on the Model COLONIAL C-1 airplanes are identical in every
other respect to those installed on the airplanes referenced in AD
2005-12-02. This proposed AD would retain the actions required by AD
2005-12-02, add the Model COLONIAL C-1 airplanes to the Applicability,
and add an optional terminating action for the requirements. We are
proposing this AD to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 1, 2012.

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 AD, contact Revo,
Incorporated, 1396 Grandview Boulevard, Kissimmee, FL 34744; telephone:
(407) 847-8080; email<EMAIL_ADDRESS>Lake Central Air Services,
Muskoka Airport, R.R. 1, Gravenhurst, Ontario, Canada P1P 1R1;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet:
www.lakecentral.com; and Robert L. Copeland, 418B Bartow Municipal
Airport, Bartow, FL 33830; telephone: none; email: none; Internet:
none. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust St., Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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: Hal Horsburgh, Aerospace Engineer,
Atlanta Aicraft Certification Office, FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: (404) 474-
5606; 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-2012-0845;
Directorate Identifier 2012-CE-013-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 June 2, 2005, we issued AD 2005-12-02, amendment 39-14118 (70 FR
33820, June 10, 2005), for all Revo, Incorporated (Type Certificate
1A13 formerly held by Colonial Aircraft Company, Lake Aircraft
Corporation, Consolidated Aeronautics, Inc., and Global Amphibians LLC)
Models COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and LAKE LA-4-
200 airplanes. That AD requires a one-time dye-penetrant inspection of
the horizontal stabilizer attachment fitting and repetitive visual
inspections of the fitting for any evidence of fretting, cracking, or
corrosion (with necessary replacement and modification); replacement of
the fitting upon reaching the 850-hours TIS safe life; and reporting to
the FAA the results of the initial inspection and any cracks found on
repetitive inspections. That AD resulted from several reports of
fatigue cracks found in the horizontal stabilizer attachment fitting
(part number (P/N) 2-2200-21) of Model LA-4-200 airplanes that were in
compliance with AD 98-10-12 (63 FR 26964, May 15, 1998). We issued that
AD to detect, correct, and prevent future cracks in the horizontal
stabilizer attachment fitting, which could result in failure of the
horizontal stabilizer attachment fitting. This failure could result in
loss of control of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-12-02 (70 FR 33820, June 10, 2005), Revo,
Incorporated on January 10, 2012, informed the FAA that while the
drawing numbers are different, the attachment fittings on the Model
COLONIAL C-1 airplanes are identical in every other respect to those
installed on the airplanes referenced in AD 2005-12-02.
    Also, since we issued AD 2005-12-02 (70 FR 33820, June 10, 2005),
we determined that installation of Supplemental Type Certificate (STC)
SA02153NY (part number (P/N) LC-2200-21) or STC SA03217AT (P/N XLS-2-
2200-221L/R) terminates the requirements of this AD. The actions
required in the instructions for continued airworthiness for the STCs
would still apply to airplanes with those STCs installed. We propose to
include installation of STC SA02153NY or STC SA03217AT as options to
this AD.

 Relevant Service Information

    We reviewed Revo, Inc. Service Bulletin B-78 R3, dated January 10,
2012; Revo, Inc. Service Bulletin B-78 R2, dated October 26, 2011; and
Revo, Inc. Service Bulletin B-78, dated April 3, 1998. The service
information describes procedures for:
     Removing the fitting and inspecting (both visual and dye
penetrant) for cracks, fretting, or corrosion;
     Replacing the attachment fitting with a new fitting;
     Measuring the gap between the attachment fitting and the
horizontal stabilizer skin for proper clearance; and
     Trimming the stabilizer skin to provide proper clearance.
    We reviewed Lake Central Aircraft Services Lake Amphibian
Stabilizer Fitting LC-2200-21 Installation Instructions, Rev B, dated
August 26, 2005, and Lake Central Air Services Stabilizer Fitting LC-
2200-21 Maintenance Manual Supplement Document MS-LC-2200-21, Rev B,
dated August 26, 2005. The service information describes procedures for
installation of the Lake Central Aircraft Services Lake Amphibian
stabilizer fitting (STC SA02153NY).
    We reviewed XLS Company, LLC Report XLS-2-2200-500, Installation
Instructions and Instructions for Continued Airworthiness, Revision B,
November 18, 2005. The service information describes procedures for
installation of the XLS Co., LLC horizontal stabilizer support fitting
system (STC SA03217AT).

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 2005-12-02 (70
FR 33820, June 10, 2005), add airplanes to the Applicability section,
and add an optional terminating action for the requirements of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 253 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on
               Action                        Labor cost               Parts cost          Cost per       U.S.
                                                                                product     operators
----------------------------------------------------------------------------------------------------------------
Inspect the horizontal stabilizer     24 work-hours x $85 per  Not Applicable.........       $2,040     $516,120
 attachment fitting.                   hour = $2,040.
Measure the gap between the           1 work-hour x $85 per    Not Applicable.........           85       21,505
 horizontal skin and the horizontal    hour = $85.
 stabilizer attachment fitting; trim
 the skin to provide gap.
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacement
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 replacements:

                           On-Condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Replace the horizontal         24 work-hours x         $761       $2,801
 stabilizer attachment          $85 per hour =
 fitting.                       $2,040.
------------------------------------------------------------------------

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2005-12-02, Amendment 39-10524 (70 FR 33820, June 10, 2005), and
adding the following new AD:

Revo, Incorporated: Docket No. FAA-2012-0845; Directorate Identifier
2012-CE-013-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by October 1,
2012.

(b) Affected ADs

    This AD supersedes AD 2005-12-02, Amendment 39-10524 (70 FR
33820, June 10, 2005).

(c) Applicability

    This AD applies to the following Revo, Incorporated Models
COLONIAL C-1, COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and
LAKE LA-4-200 airplanes, all serial numbers, that are certificated
in any category, and have installed horizontal stabilizer attachment
fittings part number (P/N) 1-2200-14, 2200-14, or 2-2200-21.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55: Stabilizers.

(e) Unsafe Condition

    This AD was prompted by information from Revo, Incorporated that
while the drawing numbers are different, the attachment fittings on
the Model COLONIAL C-1 airplanes are identical in every other
respect to those installed on the airplanes referenced in AD 2005-
12-02 (70 FR 33820, June 10, 2005). We are issuing this AD to retain
the actions required by AD 2005-12-02, add the Model COLONIAL C-1
airplanes to the Applicability, and add an optional terminating
action for the requirements. We are adopting this AD to correct the
unsafe condition on these products.

(f) Compliance

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

(g) Dye Penetrant Inspection on the Horizontal Stabilizer Attachment
Fitting

    (1) For airplanes with less than 825 hours time-in-service (TIS)
on any horizontal stabilizer attachment fitting: Remove the
horizontal stabilizer attachment (P/N 1-2200-14, 2200-14, or 2-2200-
21) from the airplane and inspect for cracks (using dye penetrant),
fretting, or corrosion using the applicable compliance times stated
below. To take ``already done'' credit for this inspection, you must
have removed the horizontal stabilizer attachment from the airplane
when the inspection was done.
    (i) For COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and
LAKE LA-4-200 airplanes: Within the next 25 hours TIS after July 8,
2005 (the effective date of AD 2005-12-02 (70 FR 33820, June 10,
2005)). Follow

Revo Inc. Service Bulletin B-78 R3, dated January 10, 2012; or Revo
Inc. Service Bulletin B-78 R2, dated April 3, 1998.
    (ii) For COLONIAL C-1 airplanes: Within the next 25 hours TIS
after the effective date of this AD. Follow Revo Inc. Service
Bulletin B-78 R3, dated January 10, 2012.
    (2) If cracks, fretting, or corrosion is found during the
inspection required in either paragraph (g)(1)(i) or (g)(1)(ii) of
this AD, before further flight, replace with P/N 2-2200-21. P/N 2-
2200-21 is an approved replacement for P/N 1-2200-14 or 2200-14.
Follow Revo Inc. Service Bulletin B-78 R3, dated January 10, 2012.

(h) Repetitive Inspections of the Horizontal Stabilizer Attachment
Fitting

    (1) For all airplanes: After the dye-penetrant inspection
required in paragraph (g) of this AD or after replacement of the
fitting, at intervals not to exceed 50 hours TIS or 12 months,
whichever occurs first, repetitively inspect (visual) the horizontal
stabilizer attachment fitting using the following procedures:
    (i) Move the elevator as required to see the fitting, ensuring
that the aft face of the fitting is visible.
    (ii) Clean the fitting. Pay special attention to the radius
edges of the fitting just outboard of the fitting ear.
    (iii) Visually inspect the fitting for cracks using a flashlight
(a small magnifying glass or borescope is recommended). Pay special
attention again to the radius edges just outboard of the fitting
ear. Also, inspect as far forward on the edge that is possible
because some cracks progress along the forward face of the fitting
that is mostly hidden by the horizontal stabilizer rear beam.
    (iv) Reference the sketch on page 1 of Revo Inc. Service
Bulletin B-78 R3, dated January 10, 2012, to see where the crack is
likely to begin.
    (2) If any cracks are found during any of the inspections
required in paragraph (h) of this AD, before further flight, replace
the fitting following Revo Inc. Service Bulletin B-78 R3, dated
January 10, 2012.

(i) Replace the Horizontal Stabilizer Attachment Fitting

    (1) For COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and
LAKE LA-4-200 airplanes: Before or when the horizontal stabilizer
attachment fitting accumulates 850 hours TIS or within 25 hours TIS
after July 8, 2005 (the effective date of AD 2005-12-02 (70 FR
33820, June 10, 2005)), whichever occurs later, and repetitively
thereafter at intervals not to exceed 850 hours TIS replace the
horizontal stabilizer attachment fitting P/N 1-2200-14, 2200-14, or
2-2200-21. P/N 2-2200-21 is an approved replacement part for P/N 1-
2200-14 or 2200-14. Follow Revo Inc. Service Bulletin B-78 R3, dated
January 10, 2012; or Revo Inc. Service Bulletin B-78 R2, dated April
3, 1998.
    (2) For COLONIAL C-1 airplanes: Before or when the horizontal
stabilizer attachment fitting accumulates 850 hours TIS or within 25
hours TIS after the effective date of this AD, whichever occurs
later, and repetitively thereafter at intervals not to exceed 850
hours TIS replace the horizontal stabilizer attachment fitting P/N
1-2200-14, 2200-14, or 2-2200-21. P/N 2-2200-21 is an approved
replacement part for P/N 1-2200-14 or 2200-14. Follow Revo Inc.
Service Bulletin B-78 R3, dated January 10, 2012.
    (3) For all airplanes: You may at any time install the following
supplemental type certificates (STC) to terminate the requirements
of this AD; however, the actions required by the limitations section
in the instructions for continued airworthiness for the STCs still
apply:
    (i) Lake Central Aircraft Services Lake Amphibian stabilizer
fitting (STC SA02153NY) following Lake Central Aircraft Services
Lake Amphibian Stabilizer Fitting LC-2200-21 Installation
Instructions, Rev B, dated August 26, 2005; and Lake Central Air
Services Stabilizer Fitting LC-2200-21 Maintenance Manual Supplement
Document MS-LC-2200-21, Rev B, dated August 26, 2005; or
    (ii) XLS Co., LLC horizontal stabilizer support fitting system
(STC SA03217AT) following XLS Company, LLC Report XLS-2-2200-500,
Installation Instructions and Instructions for Continued
Airworthiness, Revision B, November 18, 2005.

    Note for paragraph (i)(3)(ii) of this AD: New parts are not
currently available for STC SA03217AT; however, the STC number has
been included here for future reference if the parts do become
available.

    (4) You may install airworthy horizontal stabilizer attachment
fitting, P/N 1-2200-14, 2200-14, or 2-2200-21, provided it has less
than 850 hours TIS and has been inspected following paragraph (g) of
this AD and found free of cracks, fretting, or corrosion.

(j) Measure the Gap Between the Horizontal Skin and the Horizontal
Stabilizer Attachment Fitting; Trim the Skin To Provide Gap

    (1) For all airplanes: Measure the gap between the horizontal
skin and the horizontal stabilizer attachment fitting (P/N 1-2200-
14, 2200-14, or 2-2200-21). If gap is less than \1/16\-inch, trim
the skin to provide at least \1/16\ inch gap.
    (2) Perform the actions in paragraph (j)(1) before further
flight after any inspection required by paragraph (g)(1)(i) or
(g)(1)(ii) of this AD, or replacement of the fitting required by
paragraph (g)(2) or (h)(2) of this AD.

(k) Report the Results of the Initial Inspection

    For all airplanes: Using the form in Appendix 1 of this AD
report the results of the inspections required in paragraphs (g) and
(h) of this AD. Send the results to the FAA using the following
contact information: Hal Horsburgh, FAA Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Ave., College Park, GA
30337; fax<PHONE_NUMBER>; or email<EMAIL_ADDRESS>Send the
results within the following compliance times:
    (1) Within 30 days after the inspection required in paragraph
(g) of this AD even if no damage is found.
    (2) Within 30 days after any inspection required by paragraph
(h) of this AD if cracks are found.

(l) Special Flight Permit

    Special flight permits are allowed for this AD with these
limitations:
    (1) Vne reduced to 121 m.p.h. (105 knots); and
    (2) No flight into known turbulence.

(m) Paperwork Reduction Act Burden Statement

    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 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.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta 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 the
Related Information section of this AD.
    (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) AMOCs approved for AD 2005-12-02 (70 FR 33820, June 10,
2005) are approved as AMOCs for this AD.

(o) Related Information

    (1) For more information about this AD, contact Hal Horsburgh,
Aerospace Engineer, Atlanta ACO, FAA, 1701 Columbia Avenue, College
Park, Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Revo,
Incorporated, 1396 Grandview Boulevard, Kissimmee, FL 34744;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet:
none; Lake Central Air Services, Muskoka Airport, R. R. 1,
Gravenhurst, Ontario, Canada P1P 1R1; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet: www.lakecentral.com; and
Robert L. Copeland, 418B Bartow Municipal Airport, Bartow, FL 33830;
telephone: none; email: none; Internet: none. You may review copies
of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust St., Kansas City, Missouri 64106. For

information on the availability of this material at the FAA, call
(816) 329-4148.

Appendix 1 to Docket No. FAA-2012-0845

INSPECTION REPORT for Revo, Incorporated Models COLONIAL C-1, COLONIAL
C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and LAKE LA-4-200 Airplanes

BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP16AU12.034

    Issued in Kansas City, Missouri, on August 9, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-20107 Filed 8-15-12; 8:45 am]
BILLING CODE 4910-13-C