[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71663-71672]
[FR Doc No: 2014-28286]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, and 97

[EPA-HQ-OAR-2009-0491; FRL-9919-71-OAR]
RIN 2060-AS40

Rulemaking To Amend Dates in Federal Implementation Plans
Addressing Interstate Transport of Ozone and Fine Particulate Matter

AGENCY: Environmental Protection Agency.

ACTION: Interim final rule with request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the Code
of Federal Regulations (CFR) to correctly reflect the compliance
deadlines for the Cross-State Air Pollution Rule (CSAPR) as revised by
the effect of the action of the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit or Court) granting the EPA's
motion to lift the previous stay of CSAPR and delay (toll) its
deadlines by three years. With these ministerial amendments, the CFR
text will correctly indicate that CSAPR's Phase 1 emissions budgets
apply in 2015 and 2016 and that CSAPR's Phase 2 emissions budgets and
assurance provisions apply in 2017 and beyond. The ministerial
amendments similarly correct dates in the CFR text related to specific
activities required or permitted under CSAPR by regulated sources, the
EPA, and states, as well as dates related to the sunsetting of the
Clean Air Interstate Rule (CAIR) upon its replacement by CSAPR. The
amendments are necessary to clarify the timing of requirements and
elections under CSAPR as shown in the CFR text so that compliance can
begin in an orderly manner on January 1, 2015, consistent with the
Court's order. The EPA is also taking comment on the amendments being
made in this interim final rule and will consider whether to retain
these revisions as promulgated or whether further revisions are
necessary to make the CSAPR compliance deadlines consistent with the
Court's order.

DATES: This final rule is effective on December 3, 2014. The EPA will
consider comments on this interim final rule received on or before
February 2, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0491, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: EPA Docket Center, Air and Radiation Docket, Mail
Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attn:
Docket ID No. EPA-HQ-OAR-2009-0491.
     Hand delivery: EPA Docket Center, William Jefferson
Clinton Building West, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004, Attn: Docket ID No. EPA-HQ-OAR-2009-0491. 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 to Docket ID No. EPA-HQ-OAR-
2009-0491. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
    Docket: The EPA is including this action in Docket ID No. EPA-HQ-
OAR-2009-0491, which is also the docket for the original CSAPR
rulemaking and other related rulemakings. 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 and Radiation Docket, William Jefferson Clinton
Building West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for

the Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beth A. Murray, Clean Air Markets
Division, Office of Atmospheric Programs, U.S. Environmental Protection
Agency, MC 6204M, 1200 Pennsylvania Avenue NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
Electronic copies of this document can be accessed through the EPA Web
site at: http://www.epa.gov/airmarkets.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities regulated by
CSAPR are fossil fuel-fired boilers and stationary combustion turbines
that serve generators producing electricity for sale, including
combined cycle units and units operating as part of systems that
cogenerate electricity and other useful energy output. Regulated
categories and entities include:

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                    Category                        NAICS * code                        Examples of potentially regulated industries
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Industry........................................          221112   Fossil fuel electric power generation.
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* North American Industry Classification System

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated. This table
lists the types of entities of which the EPA is now aware that could
potentially be regulated. Other types of entities not listed in the
table could also be regulated. To determine whether your facility is
regulated by CSAPR, you should carefully examine the applicability
provisions in 40 CFR 97.404, 97.504, 97.604, and 97.704. If you have
questions regarding the applicability of CSAPR to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
    Judicial Review. Judicial review of this rule is available only by
filing a petition for review in the D.C. Circuit on or before February
2, 2015. Under section 307(b)(1) of the Clean Air Act (CAA), judicial
review of EPA final action under the CAA that is ``nationally
applicable'' or that the Administrator determines is of ``nationwide
scope or effect'' is available only in the D.C. Circuit. Because this
rule amends regulations that apply to sources in 28 states, it is
``nationally applicable'' within the meaning of section 307(b)(1). For
the same reason, the Administrator determines that this rule is of
``nationwide scope or effect'' for purposes of section 307(b)(1). CAA
section 307(b)(1) also provides that filing a petition for
reconsideration by the Administrator of this rule does not affect the
finality of the rule for the purposes of judicial review, does not
extend the time within which a petition for judicial review may be
filed, and does not postpone the effectiveness of the rule. Under CAA
section 307(b)(2), the requirements established by this rule may not be
challenged separately in any civil or criminal proceedings brought by
the EPA to enforce these requirements.
    Outline. The following outline is provided to aid in locating
information in this preamble.

I. Overview
II. Specific Amendments to CSAPR Dates
    A. Emissions Limitations and Assurance Provisions
    B. Monitoring System Certification and Emissions Reporting
    C. Allocation and Recordation of Emission Allowances
    D. Optional SIP Revisions
    E. Sunsetting of CAIR
III. Legal Authority, Administrative Procedures, and Findings of
Good Cause
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review, and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Overview

    The EPA issued the Cross-State Air Pollution Rule (CSAPR) \1\ in
July 2011 to address CAA requirements concerning interstate transport
of air pollution and to replace the previous Clean Air Interstate Rule
(CAIR) which the D.C. Circuit remanded to the EPA for replacement.\2\
Following the original rulemaking, CSAPR was amended by three further
rules known as the Supplemental Rule,\3\ the First Revisions Rule,\4\
and the Second Revisions Rule.\5\ As amended, CSAPR requires 28 states
to limit their state-wide emissions of sulfur dioxide (SO2)
and/or nitrogen oxides (NOX) in order to reduce or eliminate
the states' unlawful contributions to fine particulate matter and/or
ground-level ozone pollution in other states. The emissions limitations
are defined in terms of maximum state-wide ``budgets'' for emissions of
annual SO2, annual NOX, and/or ozone-season
NOX by each state's large electricity generating units
(EGUs). The emissions budgets are implemented in two phases of
generally increasing stringency, with the Phase 1 budgets originally
scheduled to apply to emissions in 2012 and 2013 and the Phase 2
budgets originally scheduled to apply to emissions in 2014 and later
years.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011).
    \2\ See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.),
modified, 550 F.3d 1176 (D.C. Cir. 2008).
    \3\ Federal Implementation Plans for Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin and Determination for Kansas Regarding
Interstate Transport of Ozone, 76 FR 80760 (December 27, 2011).
    \4\ Revisions to Federal Implementation Plans To Reduce
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR
10324 (February 21, 2012).
    \5\ Revisions to Federal Implementation Plans To Reduce
Interstate Transport of Fine Particulate Matter and Ozone, 77 FR
34830 (June 12, 2012).
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    As the mechanism for achieving compliance with the emissions
limitations, CSAPR establishes federal implementation plans (FIPs) that
require large EGUs in each affected state to participate in one or more
new emissions trading programs that supersede the existing CAIR
emissions trading programs. Interstate trading of CSAPR's emission
allowances is permitted, but the rule includes ``assurance provisions''
designed to ensure that individual states' emissions in each Phase 2
compliance period do not exceed the states' respective emissions
budgets for that period by more than specified ``variability limits.''
    CSAPR allows states to elect to revise their state implementation
plans (SIPs) to modify or replace the FIPs while continuing to rely on
the rule's trading programs for compliance with the emissions
limitations, and establishes certain requirements and deadlines

related to those optional SIP revisions.\6\ The rule also contains
provisions that sunset CAIR compliance requirements on a schedule
coordinated with the implementation of CSAPR compliance requirements.
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    \6\ CSAPR does not restrict states' ability to adopt SIP
revisions to meet their emissions limitations through mechanisms
other than the rule's trading programs.
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    Certain industry and state and local government petitioners
challenged CSAPR in the D.C. Circuit and filed motions seeking a stay
of the rule pending judicial review.\7\ On December 30, 2011, the Court
granted a stay of the rule, ordering the EPA to continue administering
CAIR on an interim basis.\8\ In a subsequent decision on the merits,
the Court vacated CSAPR based on a subset of petitioners' claims, but
on April 29, 2014, the U.S. Supreme Court reversed that decision and
remanded the case to the D.C. Circuit for further proceedings.\9\
Throughout the initial round of D.C. Circuit proceedings and the
ensuing Supreme Court proceedings, the stay remained in place and the
EPA has continued to implement CAIR. Following the Supreme Court
decision, in order to allow CSAPR to replace CAIR in an equitable and
orderly manner while further D.C. Circuit proceedings are held to
resolve petitioners' remaining claims, the EPA filed a motion asking
the D.C. Circuit to lift the stay and to toll by three years all CSAPR
compliance deadlines that had not passed as of the date of the stay
order.\10\ On October 23, 2014, the Court granted the EPA's motion.\11\
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    \7\ Separate challenges seeking judicial review of the
Supplemental Rule, the First Revisions Rule, and the Second
Revisions Rule are currently being held in abeyance at the D.C.
Circuit.
    \8\ Order, Document #1350421, EME Homer City Generation, L.P. v.
EPA, No. 11-1302 (D.C. Cir. issued Dec. 30, 2011). Although the
Court did not explicitly address the stay order's effect on
requirements established by the Supplemental Rule, the EPA issued a
notice indicating that, because of the close relationship between
CSAPR as originally promulgated and the Supplemental Rule, the
Agency would treat both rules in the same manner and would not
expect covered sources in the states addressed by the Supplemental
Rule to comply with the Supplemental Rule's requirements for the
duration of the stay. 77 FR 5710 (February 6, 2012). As discussed
below, now that the Court has lifted the stay, the EPA expects
covered sources in states addressed by the Supplemental Rule to
comply with the Supplemental Rule's requirements consistent with the
new compliance schedule established by the Court's order and this
interim final rule.
    \9\ EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584
(2014), reversing 696 F.3d 7 (D.C. Cir. 2012).
    \10\ Respondents' Motion to Lift the Stay Entered on December
30, 2011, Document #1499505, EME Homer City Generation, L.P. v. EPA,
No. 11-1302 (D.C. Cir. filed June 26, 2014) [EPA Motion]; see also
Reply in Further Support of Motion to Lift Stay, Document #1508914,
EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. filed
August 22, 2014) [EPA Reply]. Both documents are available in the
docket.
    \11\ Order, Document #1518738, EME Homer City Generation, L.P.
v. EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014).
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    This action makes ministerial amendments to the dates in the CSAPR
regulatory text in 40 CFR parts 51, 52, and 97 to clarify how the EPA
will implement the rule consistent with the D.C. Circuit's order
lifting the stay and tolling the rule's deadlines. Generally, this
action tolls by three calendar years dates and years in the regulatory
text as previously amended that had not passed as of December 30, 2011,
the date of the stay order.\12\ The ministerial amendments restore
parties and the rule to the status that would have existed but for the
stay albeit three years later, preserve the rule's internal
consistency, render moot questions as to whether the Court's order
might not have tolled some of the individual dates being amended, and
provide clarity to stakeholders and the public, thereby permitting
orderly implementation of the rule.
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    \12\ As discussed in section II of this preamble, the amendments
also toll certain dates in the regulatory text before December 30,
2011, that are used to establish deadlines occurring after December
30, 2011.
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    The most fundamental amendments make clear that, consistent with
the Court's order, compliance with CSAPR's Phase 1 emissions budgets is
now required in 2015 and 2016 (instead of 2012 and 2013) and compliance
with the rule's Phase 2 emissions budgets and assurance provisions is
now required in 2017 and beyond (instead of 2014 and beyond).\13\ Other
amendments toll specific deadlines for sources to certify monitoring
systems and to start reporting emissions, for the EPA to allocate and
record emission allowances, and for states to take optional steps to
modify or replace their CSAPR FIPs through SIP revisions. Dates are
also tolled in the regulatory provisions that sunset CAIR upon its
replacement by CSAPR, and a new deadline is set for removal of CAIR
NOX allowances from allowance tracking system accounts.\14\
The EPA's authority to issue these ministerial amendments is not
affected by the continuation of proceedings at the D.C. Circuit to
resolve petitioners' remaining claims regarding CSAPR. No regulatory
text is amended other than dates and no substantive changes to CSAPR
are being made. Section II of this notice provides additional
information about the specific amendments.
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    \13\ The EPA is also administratively converting the 2012-
vintage and 2013-vintage CSAPR emission allowances previously
recorded in tracking system accounts into 2015-vintage and 2016-
vintage allowances, respectively. In light of the Court's order
tolling compliance deadlines and the applicable Phase 1 and Phase 2
emissions budget periods, and given the need for the vintages of the
rule's emission allowances to correctly reflect the revised
emissions budget periods, the EPA considers this one-time conversion
to be a reasonable exercise of the Agency's plenary authority under
40 CFR 97.427, 97.527, 97.627, and 97.727 to correct errors in CSAPR
tracking system accounts.
    \14\ The EPA removed CAIR annual NOX and ozone-season
NOX allowances from tracking system accounts before the
stay, as required under the rule, but then restored the allowances
to the accounts following the Court's order to continue implementing
CAIR during the stay. CSAPR does not call for removal of CAIR
SO2 allowances, which are the same SO2
allowances used in the Title IV Acid Rain Program.
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    As permitted under section 307(d)(1) of the CAA where good cause
exists, these amendments to CSAPR's dates are being promulgated as a
final rule without prior notice or opportunity for public comment, and
the amendments are effective immediately upon publication of this
notice in the Federal Register. At the same time, the EPA is also
seeking comment on the content of the amendments and the consistency of
the revisions with the Court's order granting the EPA's motion to lift
the stay and toll CSAPR compliance deadlines by three years. The EPA is
not reopening for comment any provisions of CSAPR other than the dates
and years amended in this interim final rule. The EPA will consider any
comments received and issue a final rule that either confirms these
revisions or makes any further revisions that may be needed for
implementation on the revised compliance schedule. Section III of this
notice provides additional information on this rulemaking procedure and
on the EPA's findings of good cause to issue an immediately effective
final rule without prior notice or opportunity for public comment.

II. Specific Amendments to CSAPR Dates

    This action amends dates appearing in regulatory text in 40 CFR
parts 51, 52, and 97. Most of the amendments, addressing virtually all
aspects of implementation of the CSAPR FIPs and trading programs, toll
dates in the CSAPR trading program provisions in subparts AAAAA, BBBBB,
CCCCC, and DDDDD of part 97 and in the additional CSAPR FIP provisions
in Sec. Sec.  52.38 and 52.39. The other amendments,

addressing the sunsetting of CAIR obligations and the CAIR trading
programs, toll or otherwise reset dates in scattered sections of parts
51 and 52. No regulatory text other than dates is amended and no
substantive changes to CSAPR are being made. The remainder of this
section discusses the functions of the various dates being changed and
identifies the specific CFRs being amended.
    The EPA interprets the Court's order lifting the stay as already
tolling CSAPR deadlines that had not passed as of the date of the
Court's previous stay order, with the consequence that the
corresponding regulatory text amendments in this action do not alter
legal requirements or options but merely amend regulatory text to
accurately reflect the timing of legal requirements and options as
revised by the Court. With respect to the possibility that some of the
dates amended in this action might not have been tolled by the Court's
order, all of the date changes are required to serve the purpose of the
rule--to address states' interstate transport obligations in an
efficient and equitable manner--and the purpose of the Court's order--
to allow the rule to be implemented in accordance with the EPA's
motion. The rule's various dates are elements of a carefully integrated
design, and uncoordinated changes could disrupt that design and lead to
inefficient and inequitable results. Therefore, to the extent that any
of the date changes in this action may be outside the scope of the
tolling already ordered by the Court, those changes are nevertheless
necessary to provide for efficient, equitable, and orderly
implementation of the rule consistent with the Court's order. The
necessity of specific date changes is further discussed below.

A. Emissions Limitations and Assurance Provisions

    The most fundamental amendments in this action toll the years in
which compliance with CSAPR's emissions limitations and assurance
provisions is required, as well as the years in which the rule's Phase
1 and Phase 2 emissions budgets, Phase 1 and Phase 2 ``set-asides,''
\15\ and Phase 2 variability limits apply. The compliance period
definitions drive many of the rule's specific requirements, and the
budget applicability dates are key specifications affecting the rule's
stringency. These date changes were explicitly requested and discussed
in the EPA's motion to lift the stay and toll compliance deadlines by
three years.\16\ As explained in the motion, tolling these deadlines by
three years returns the rule and parties to the status quo that would
have existed but for the stay, provides parties with sufficient time to
prepare for implementation, and avoids unnecessary regulatory burden by
retaining a calendar-year schedule for the rule's annual trading
programs. This rule makes no substantive changes to the emissions
limitations or assurance provisions other than the revision of the
deadlines.
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    \15\ CSAPR sets aside portions of each state's emissions budgets
for potential allocation to new units in the state. For states with
areas of Indian country within their borders, the rule establishes
additional set-asides for new units in those areas.
    \16\ See, e.g., EPA Motion at 1, 14-16, 18.
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    The EPA also explained in the motion that CSAPR would be
implemented as previously amended by the Supplemental Rule, the First
Revisions Rule, and the Second Revisions Rule, and that dates first
established or amended in those later rulemakings would also be
tolled.\17\ Tolling of these dates is necessary to preserve CSAPR's
internal consistency and to provide for efficient and equitable
implementation. For example, the Supplemental Rule established dates
specifying the applicable compliance periods for the Phase 1 and Phase
2 ozone-season emissions budgets, set-asides, and variability limits
that the Supplemental Rule established for five states.\18\ If dates
first established by the Supplemental Rule were not tolled, in 2015 and
2016 these five states would be subject to Phase 2 emissions budgets
while all other states would be subject to Phase 1 emissions budgets,
an inequitable outcome. In another example, the First Revisions Rule
deferred applicability of CSAPR's assurance provisions from Phase 1 to
Phase 2 in order to encourage greater trading activity during Phase 1
and thereby ensure a smooth transition from CAIR.\19\ If dates amended
by the First Revisions Rule were not tolled from their previously
amended starting points, the assurance provisions would apply in 2015,
contrary to the rationale supporting their prior deferral until Phase
2.
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    \17\ See, e.g., EPA Motion at 14, 16-17.
    \18\ The five states with emissions limitations established in
the Supplemental Rule are Iowa, Michigan, Missouri, Oklahoma, and
Wisconsin.
    \19\ See 77 FR 10324, 10330-32 (February 21, 2012).
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    The date changes relating to the compliance deadlines and
applicable periods for the rule's emissions limitations and assurance
provisions are reflected in amendments to the following sections of 40
CFR:
     Sections 97.406(c)(3)(i), 97.506(c)(3)(i),
97.606(c)(3)(i), and 97.706(c)(3)(i) (applicable periods for emissions
limitations);
     Sections 97.406(c)(3)(ii), 97.506(c)(3)(ii),
97.606(c)(3)(ii), and 97.706(c)(3)(ii) (applicable periods for
assurance provisions);
     Sections 97.410(a), 97.510(a), 97.610(a), and 97.710(a)
(applicable periods for Phase 1 and Phase 2 emissions budgets and set-
asides);
     Sections 97.410(b), 97.510(b), 97.610(b), and 97.710(b)
(applicable periods for Phase 2 variability limits); and
     Sections 97.425(b)(1), 97.525(b)(1), 97.625(b)(1), and
97.725(b)(1) (assurance provision administration deadlines).

B. Monitoring System Certification and Emissions Reporting

    Several amendments in this action toll CSAPR dates that define
deadlines by which owners and operators of affected units must meet
monitoring system certification requirements and begin submitting
quarterly emissions reports. These date changes are necessary to
coordinate the timing of these specific requirements with the revised
timing of the rule's emissions limitations and to avoid requiring
sources to engage in certification and emissions reporting activities
before those activities serve a useful purpose. The EPA's motion
indicated that the deadlines for CSAPR's monitoring and reporting
obligations would be tolled if the Court granted the motion.\20\ This
rule makes no substantive changes to the monitoring and reporting
requirements other than the revision of the deadlines.
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    \20\ See EPA Motion at 14 and note 5.
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    The amendments to the certification and reporting deadlines toll
several dates in the regulatory text earlier than December 30, 2011.
The reason for tolling these dates is that their function in the rule
is to define deadlines originally scheduled to occur after December 30,
2011. Specifically, the original regulatory text provides that units in
operation for at least six months before implementation of the rule's
first emissions limitations--defined in the existing regulatory text as
``unit[s] that commence[] commercial operation before July 1, 2011''--
become subject to reporting obligations for annual emissions occurring
as of January 1, 2012, and are required to complete monitoring system
certification by that same date.\21\ In contrast, units in

operation for less than six months before implementation of the rule's
first emission limitations--defined in the existing regulatory text as
``unit[s] that commence[] commercial operation on or after July 1,
2011''--are given potentially later deadlines.\22\ Similarly, because
the reporting deadlines for the newer units are defined in part by
reference to events that could have occurred before implementation of
the rule's first emissions limitations, in order to avoid creation of
reporting deadlines before January 1, 2012, the existing regulatory
text contains language providing that reporting obligations do not
apply with respect to ``the third or fourth quarter of 2011.'' \23\
This action amends these 2011 dates, changing them to 2014 dates
consistent with the change in initial implementation of the rule's
emissions limitations from 2012 to 2015 as ordered by the Court. If
these amendments were not made, the regulatory text could require some
sources commencing commercial operation on or after July 1, 2011, and
before January 1, 2015, to begin reporting under CSAPR prior to 2015, a
result that would be unnecessary, inefficient, inequitable, and
inconsistent with the Court's order.
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    \21\ See, e.g., 40 CFR 97.430(b)(1) and 97.434(d)(1)(i). The
analogous compliance deadline in the original regulatory text for
requirements related to ozone-season NOX emissions is May
1, 2012. See 40 CFR 97.530(b)(1) and 97.534(d)(1)(i) and (2)(ii)(A).
    \22\ See, e.g., 40 CFR 97.430(b)(2) and 97.434(d)(1)(ii).
    \23\ See, e.g., 40 CFR 97.434(d)(1)(ii).
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    The date changes related to CSAPR's compliance deadlines for
monitoring system certification and the applicable periods for
emissions reporting are reflected in amendments to the following
sections of 40 CFR:
     Sections 97.430(b)(1), 97.530(b)(1), 97.630(b)(1), and
97.730(b)(1) (certification deadlines for units that commence
commercial operation at least six months before the first compliance
period);
     Sections 97.430(b)(2), 97.530(b)(2)-(3), 97.630(b)(2), and
97.730(b)(2) (certification deadlines for newer units);
     Sections 97.434(d)(1)(i), 97.534(d)(1)(i) and (2)(ii)(A),
97.634(d)(1)(i), and 97.734(d)(1)(i) (applicable periods for emissions
reporting by units that commence commercial operation at least six
months before the first compliance period); and
     Sections 97.434(d)(1)(ii), 97.534(d)(1)(ii) and
(2)(ii)(B), 97.634(d)(1)(ii), and 97.734(d)(1)(ii) (applicable periods
for emissions reporting by newer units).

C. Allocation and Recordation of Emission Allowances

    Some of the amendments in this action toll dates defining CSAPR
deadlines by which the EPA must allocate and record emission
allowances. The date changes are necessary to coordinate these
deadlines with the rule's compliance deadlines as revised by the
Court's order and to preserve states' opportunities under the rule to
substitute their own preferred allowance allocations for the EPA's
default allocations. More specifically, to facilitate allowance trading
and compliance planning activities, the rule's recordation deadlines
require recordation of most CSAPR allowances up to four years in
advance of the respective compliance periods. The rule also establishes
default procedures by which the EPA allocates allowance quantities
equal to each state's emissions budgets among the EGUs in the state,
but after the first compliance year the rule permits states to replace
the EPA's default allocations for most units through SIP revisions, as
discussed below.\24\ States' opportunities to replace the default
allocations extend only to allowances that have not yet been recorded.
If the dates in the regulatory text defining the recordation deadlines
were not tolled consistent with the revised compliance deadlines
established by the Court's order, the unrevised recording deadlines
could unnecessarily prevent states from controlling the allocations of
allowances for certain compliance periods because the allowances would
already have been recorded. This rule makes no substantive changes to
the allowance allocation and recordation provisions other than the
revision of the deadlines.
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    \24\ States are not permitted to revise the recordation
provisions or the provisions governing allocation of allowances from
the Indian country new unit set-asides.
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    The EPA notes that the allocation date amendments include tolling a
particular phrase from ``after 2011'' to ``after 2014''.\25\ The phrase
concerns allowance allocations to units that cease operations, and the
effect of the change is that by default (i.e., unless the state revises
the allocations) a retiring unit will continue to receive allocations
of allowances for five compliance periods after the unit's last year of
operation, which in the case of a unit retiring between 2010 and 2014
would be the rule's first five compliance periods from 2015 through
2019. The phrase ``after 2011'' indicates a date after December 30,
2011, making this a deadline that had not passed as of the date of the
stay, and the EPA's reply regarding the motion to lift the stay
explicitly confirmed the intention to toll these specific dates.\26\
---------------------------------------------------------------------------

    \25\ See, e.g., 40 CFR 97.411(a)(2).
    \26\ See EPA Reply, attached Supplemental Declaration of Reid
Harvey, ]7.
---------------------------------------------------------------------------

    The EPA also notes that some of the recordation deadlines being
amended were initially established in the Supplemental Rule. These
deadlines apply to the recordation of allowances for CSAPR's first two
compliance periods and affect only the ozone-season allowances for the
five states covered by the Supplemental Rule.\27\ If the recordation
deadlines established in the Supplemental Rule were not tolled--
specifically, the March 26, 2012, recordation deadline for allowances
for the rule's second compliance year--while the analogous deadlines
established for other states in the original CSAPR rulemaking were
tolled, these five states alone would lack the opportunity to revise
allowance allocations for the rule's second compliance period, an
inappropriate, unnecessary, and inequitable result.
---------------------------------------------------------------------------

    \27\ See 40 CFR 97.521(a)-(b).
---------------------------------------------------------------------------

    The date changes related to administrative deadlines and applicable
periods for allocation and recordation of allowances are reflected in
amendments to the following sections of 40 CFR:
     Sections 97.411(a)(1), 97.511(a)(1), 97.611(a)(1), and
97.711(a)(1) (applicable periods for default allowance allocations to
existing units);
     Sections 97.411(a)(2), 97.511(a)(2), 97.611(a)(2), and
97.711(a)(2) (applicable periods for default allowance allocations to
retired units);
     Sections 97.411(b)(1), 97.511(b)(1), 97.611(b)(1), and
97.711(b)(1) (administrative deadlines for default allowance
allocations from new unit set-asides);
     Sections 97.411(b)(2), 97.511(b)(2), 97.611(b)(2), and
97.711(b)(2) (administrative deadlines for allowance allocations from
Indian country new unit set-asides);
     Sections 97.411(c)(1), 97.511(c)(1), 97.611(c)(1), and
97.711(c)(1) (applicable periods for correction of incorrect allowance
allocations);
     Sections 97.412(a), 97.512(a), 97.612(a), and 97.712(a)
(applicable periods for default allowance allocations from new unit
set-asides);
     Sections 97.412(b), 97.512(b), 97.612(b), and 97.712(b)
(applicable periods for allocations from Indian country new unit set-
asides);
     Sections 97.421(a)-(f), 97.521(a)-(f), 97.621(a)-(f), and
97.721(a)-(f) (administrative deadlines and applicable periods for
allowance recordation for existing units); and
     Sections 97.421(g)-(i), 97.521(g)-(i), 97.621(g)-(i), and
97.721(g)-(i)

(administrative deadlines and applicable periods for allowance
recordation from new unit set-asides and Indian country new-unit set-
asides).

D. Optional SIP Revisions

    Some of the amendments in this action toll deadlines for filings by
states that elect to submit SIP revisions to modify or replace the
CSAPR FIPs in order to replace the default allowance allocations. The
rule sets deadlines for submission of these SIP revisions (and for
associated notifications) that are coordinated with the rule's
deadlines for allowance recordation. Tolling of these dates is
necessary to preserve this coordination and to restore to states the
same SIP revision opportunities that would have existed if the rule had
not been stayed. The EPA's reply regarding the motion to lift the stay
explained in detail the intention for these deadlines to be tolled if
the Court granted the motion.\28\ This rule makes no substantive
changes to the provisions providing optional SIP revisions other than
the revision of the deadlines.
---------------------------------------------------------------------------

    \28\ See EPA Reply, attached Supplemental Declaration of Reid
Harvey, ]]8-11.
---------------------------------------------------------------------------

    As indicated in the EPA's reply, only the SIP revision and
notification deadlines that had not passed as of the date of the stay
would be tolled. This restriction applies to a CSAPR deadline of
October 17, 2011--which is not being tolled--for states to notify the
EPA of their intent to submit SIP revisions modifying allowance
allocations for the rule's second compliance period (except with
respect to obligations established in the Supplemental Rule). For the
twelve states that notified the EPA by that deadline of their intent to
submit SIP revisions modifying allowance allocations for the second
compliance year, the deadline for submission of those SIP revisions is
being tolled from April 1, 2012, to April 1, 2015.\29\ The states that
did not provide notification prior to the October 17, 2011, deadline
will not have an opportunity to modify allowance allocations for that
compliance year. Pursuant to a November 7, 2011, deadline in the rule--
which is also not being tolled--the EPA duly recorded allowances for
those states using the EPA's default allocations, and removal of those
allowances from tracking system accounts to provide states with a new
reallocation opportunity would be inequitable because allowance trades
affecting these allowances have already taken place. Separate deadlines
applicable to all states relating to optional SIP revisions to revise
allowance allocations for later compliance periods are being
tolled.\30\
---------------------------------------------------------------------------

    \29\ The twelve states are Alabama, Florida, Kansas, Louisiana,
Maryland, Mississippi, Missouri, Nebraska, New York, Ohio,
Pennsylvania, and South Carolina.
    \30\ For example, the deadline to submit SIP revisions
addressing allowance allocations for CSAPR's third and fourth
compliance periods as revised by the Court's order (i.e., 2017 and
2018) is being tolled from December 1, 2012, to December 1, 2015.
---------------------------------------------------------------------------

    The EPA notes that some of the SIP revision-related deadlines being
amended were initially established in the Supplemental Rule. These
deadlines apply to SIP revisions replacing default allowance
allocations for CSAPR's second compliance period but affect only the
ozone-season allowances for the five states covered by the Supplemental
Rule.\31\ Specifically, the regulatory text as currently amended
provides that these states must notify the EPA by March 6, 2012, of
their intent to modify allowance allocations for the rule's second
compliance year and must submit the corresponding SIP revisions by
October 1, 2012. If these deadlines established in the Supplemental
Rule were not tolled, while the April 1, 2012, deadline described above
for other states was tolled, these five states alone would lack the
opportunity to revise allowance allocations for the rule's second
compliance period, an inappropriate, unnecessary, and inequitable
result.
---------------------------------------------------------------------------

    \31\ See 40 CFR 52.38(b)(3)(v).
---------------------------------------------------------------------------

    The date changes related to notification and SIP revision filing
deadlines for states' that elect to modify or replace the FIPs are
reflected in amendments to the following sections of 40 CFR:
     Sections 52.38(a)(3) and (b)(3), and 52.39(d) and (g) (SIP
revisions to modify the FIP default allowance allocations for the
second compliance year);
     Sections 52.38(a)(4) and (b)(4), and 52.39(e) and (h) (SIP
revisions to modify the FIP default allowance allocations for the third
compliance year and beyond);
     Sections 52.38(a)(5) and (b)(5), and 52.39(f) and (i) (SIP
revisions to replace the FIPs for the third compliance year and
beyond); and
     Sections 97.421(b), 97.521(b), 97.621(b), and 97.721(b)
(interaction of SIP revision-related filing deadlines and allowance
recordation deadlines for the second compliance year).

E. Sunsetting of CAIR

    The remaining amendments in this action toll or reset deadlines
associated with the sunsetting of CAIR. In 2008, the DC Circuit
remanded CAIR to the EPA for replacement.\32\ Since that remand, the
EPA has continued to implement CAIR in accordance with that and
subsequent Court orders, first while CSAPR was developed and in the
period leading up to its planned 2012 implementation, and then while
CSAPR was stayed. When CSAPR is implemented in 2015, CAIR will sunset
in compliance with the terms of the 2008 remand. The amendments in this
action toll the dates in the existing regulatory text reflecting the
originally planned 2012 sunset, replacing them with dates reflecting
the 2015 sunset consistent with the Court's order lifting the stay of
CSAPR.
---------------------------------------------------------------------------

    \32\ North Carolina v. EPA, 550 F.3d 1176, 1178 (DC Cir. 2008).
---------------------------------------------------------------------------

    Several additional CAIR-related amendments reset deadlines for
removal of CAIR NOX allowances from tracking system
accounts. To prevent possible confusion over how many allowances are
available for CSAPR compliance after CSAPR supersedes CAIR, CSAPR as
originally issued provided for post-2011-vintage CAIR NOX
allowances to be removed from tracking system accounts on November 7,
2011 (before the stay). The EPA removed the allowances by that deadline
but then restored the allowances to the accounts in order to allow CAIR
to continue to be implemented consistent with the Court's stay order.
This action sets a new deadline of March 3, 2015 for removal of post-
2014-vintage CAIR NOX allowances, serving the original
purpose of avoiding confusion over the number of allowances available
for CSAPR compliance. The date changes related to the sunsetting of
CAIR and removal of CAIR NOX allowances from tracking system
accounts are reflected in amendments to the following sections of 40
CFR:
     Section 51.121(r)(2) (NOX SIP Call
obligations);
     Sections 51.123(ff) and 51.124(s) (CAIR obligations);
     Sections 52.35(f) and 52.36(e) (CAIR FIPs);
     Sections 52.440(c) and 52.441(b) (Delaware);
     Sections 52.484(c) and 52.485(b) (District of Columbia);
     Section 52.984(c) (Louisiana);
     Sections 52.1186(c) and 52.1187(b) (Michigan);
     Sections 52.1584(c) and 52.1585(b) (New Jersey);
     Sections 52.2240(c) and 52.2241(b) (Tennessee);
     Sections 52.2283(b) and 52.2284(b) (Texas); and
     Sections 52.2587(c) and 52.2588(b) (Wisconsin).

III. Legal Authority, Administrative Procedures, and Findings of Good
Cause

    The EPA's authority to issue the amendments in this action is
provided by CAA sections 110 and 301 (42 U.S.C. 7410 and 7601).
    The EPA is taking this action as a final rule without prior notice
or opportunity for public comment because the EPA finds that the
Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) good cause
exemption applies here. In general, the APA requires that general
notice of proposed rulemaking shall be published in the Federal
Register. Such notice must provide an opportunity for public
participation in the rulemaking process. However, the APA does provide
an avenue for an agency to directly issue a final rulemaking in certain
specific instances. This may occur, in particular, when an agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefor in the rule issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest. See 5 U.S.C. 553(b)(B).
    While CAA section 307(d)(1)(B) also provides that, in general,
actions to revise FIPs under CAA section 110(c) are subject to the
procedural requirements set forth in section 307(d), including
publication of a notice of proposed rulemaking in the Federal Register
and provision of an opportunity for public comment, section 307(d)(1)
also provides that section 307(d) does not apply in the case of any
rule or circumstance referred to in APA section 553(b)(B). The EPA
finds for good cause under APA section 553(b)(B) that provision of such
notice and opportunity for comment in this case is impracticable or
unnecessary.
    The EPA finds that providing notice and an opportunity for comment
before promulgation of the amendments in this final action is
impracticable or unnecessary for the following reasons.\33\ First, to
the extent that this action amends dates in the regulatory text that
have already been tolled by the Court's order, providing notice and an
opportunity for comment is unnecessary because the revisions are merely
a ministerial act intended to implement the Court's order and it would
generally serve no useful purpose to provide an opportunity for public
comment or a public hearing on this issue, particularly in the very
short timeframe in which the EPA is required to begin implementing
CSAPR consistent with the Court's order. The EPA interprets the DC
Circuit's order as having already reset all legal deadlines under
CSAPR, as amended, that had not passed as of December 30, 2011, the
date of the stay.\34\ The EPA's action to amend the regulatory text
consistent with the effect of the Court's order merely makes the
regulatory text consistent with the actual legal requirements as
revised by the Court. Such consistency promotes regulatory clarity
prior to the revised compliance dates, including the January 1, 2015,
start date for compliance with the rule's emissions limitations.
Delaying clarification of the regulatory text in order to allow time to
conduct notice-and-comment procedures would result in regulatory text
that does not accurately reflect the legally effective compliance dates
until a rulemaking could be completed. Because completion of a
rulemaking with notice-and-comment procedures would not occur until
after the start of the first compliance period, the delay in
clarification of the regulatory text would create confusion that could
disrupt orderly implementation of the rule, contrary to the purpose of
the Court's order and the public interest.
---------------------------------------------------------------------------

    \33\ The EPA's finding that providing notice and an opportunity
for comment before promulgation of the regulatory text amendments in
this final action is impracticable, unnecessary, or contrary to the
public interest also applies for purposes of section 808(2) of the
Congressional Review Act, 5 U.S.C. 808(2), as referenced in section
IV.K of this preamble.
    \34\ The EPA's motion was clear that the requested relief
encompassed tolling of not only the ``key compliance deadlines''
concerning applicability of CSAPR's emissions budgets and assurance
provisions but also the ``additional deadlines applicable to the
EPA, the states, and utilities for reporting and other generally
ministerial actions.'' See EPA Motion at 14 and note 5.
---------------------------------------------------------------------------

    Second, to the extent that this action may amend any CSAPR dates
that have not already been tolled by the Court's order, providing
notice and an opportunity for public comment is impracticable because
the ten-week interval between the Court's order and the January 1,
2015, start of compliance is insufficient time for completion of
notice-and-comment rulemaking. As discussed in section II of this
preamble, several of this action's amendments change dates that were
initially established or amended in the Supplemental Rule or the First
Revisions Rule, and these dates must be tolled in the current action
for consistency with other tolled dates in order to allow equitable and
orderly implementation of CSAPR as already amended by these other
rules.
    Some petitioners responding to the EPA's motion suggested that the
Court may lack the power to toll dates in CSAPR's current regulatory
text that were not established in the original CSAPR rulemaking under
review by the Court (e.g., dates finalized in the Supplemental and
Revisions Rules). If correct, this position would mean that, in this
action, with respect to these particular dates, the EPA not only would
be altering the appearance of the dates in the regulatory text but also
would be amending the effective legal dates themselves. The EPA
disagrees with petitioners' narrow view of the Court's equitable
powers, but finds that, if this action is indeed amending the effective
legal dates, good cause exists to make the amendments without prior
notice or opportunity for comment because the changes are necessary for
orderly implementation of the rule consistent with the Court's order,
and it is impracticable to provide notice and an opportunity for
comment prior to the start of implementation. In a similar vein, as
also discussed in section II above, the EPA notes that several of this
action's amendments toll dates in the regulatory text before December
30, 2011. The EPA interprets the Court's order as tolling these dates
because, as explained in section II, their function in the rule is to
establish deadlines after December 30, 2011. However, in these
instances as well, if this action is indeed amending the effective
legal dates, the EPA finds that good cause exists to make the
amendments without prior notice or opportunity for comment for the same
reasons just stated.
    As permitted by APA section 553(d) upon a finding of good cause,
the EPA is also making this action tolling the dates in the CSAPR
regulatory text effective immediately upon publication in the Federal
Register. The EPA finds good cause to make this action immediately
effective for the following reasons. The Court's order lifting the stay
of CSAPR and tolling the rule's deadlines allows implementation of the
rule's emission limitations to begin on January 1, 2015. Promptly
commencing implementation on January 1, 2015, is in the public interest
because the rule will help states meet their interstate transport
obligations under the CAA and protect air quality for millions of
Americans. Finally, immediately amending the dates in the CSAPR
regulatory text--i.e., before the January 1, 2015, start of
implementation--in order to clarify and make internally consistent the
timing of the rule's requirements and elections will promote orderly
implementation consistent with the Court's order.
    As just described, the EPA finds good cause to take this final
action without prior notice or opportunity for public comment and to
make this action

effective immediately upon publication in the Federal Register.
However, the EPA is also implementing this action on an interim basis
only and is providing notice and an opportunity for comment on the
content of the amendments. In particular, the EPA requests comment on
whether, in order to be consistent with the Court's order tolling CSAPR
deadlines by three years, the provisions of this interim rule should
become permanent or, alternatively, whether any date or year in the
regulatory text amended by the interim final rule should either be
restored to the date or year as it appeared in the regulatory text
prior to promulgation of the interim final rule or should be changed to
a date or year different from the date or year set in the interim final
rule. The EPA is not reopening for comment any provisions of CSAPR
other than the dates and years amended in the interim final rule for
consistency with the Court's order tolling CSAPR deadlines by three
years. Issuance of this interim final rule, while also requesting
comment, enables CSAPR to be implemented in an orderly manner beginning
January 1, 2015, consistent with the Court's order and also provides
public notice and an opportunity for comment as to whether these
revisions should be made permanent or whether further amendments to the
regulatory text may be necessary to comply with the Court's order. The
EPA anticipates issuing a final rule confirming these revisions or
making any further amendments to the CSAPR regulatory text that may be
necessary following consideration of any comments received.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the Paperwork Reduction Act. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2060-0667. This action simply tolls
the deadlines of CSAPR by three years, including the deadlines for the
rule's information collection requirements, consistent with the order
of the DC Circuit lifting the previous stay of the rule.

C. Regulatory Flexibility Act

    This action is not subject to the Regulatory Flexibility Act (RFA).
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA), 5 U.S.C.
553, or any other statute. This rule is not subject to notice and
comment requirements because the Agency has invoked the APA ``good
cause'' exemption under 5 U.S.C. 553(b), as discussed in section III of
this preamble.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector. This action simply tolls the deadlines of CSAPR by
three years consistent with the order of the DC Circuit lifting the
previous stay of the rule.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This
action simply tolls the deadlines of CSAPR by three years consistent
with the order of the DC Circuit lifting the previous stay of the rule.

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

    This action does not have tribal implications as specified in
Executive Order 13175. This action simply tolls the deadlines of CSAPR
by three years, consistent with the order of the DC Circuit lifting the
previous stay of the rule. Thus, Executive Order 13175 does not apply
to this action. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes, the EPA consulted with tribal
officials while developing CSAPR. A summary of that consultation is
provided in the preamble for CSAPR, 76 FR 48208, 48346 (August 8,
2011).

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it simply tolls the deadlines of the
CSAPR FIPs implementing previously promulgated health or safety-based
federal standards, consistent with the order of the DC Circuit lifting
the previous stay of the rule.

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

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

I. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This action simply tolls the deadlines of
CSAPR by three years, consistent with the order of the DC Circuit
lifting the previous stay of the rule. Consistent with Executive Order
12898 and the EPA's environmental justice policies, the EPA considered
effects on low-income, minority, and indigenous populations while
developing CSAPR. The process and results of that consideration are
described in the preamble for CSAPR, 76 FR 48208, 48347-52 (August 8,
2011).

K. Congressional Review Act

    This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. The CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency makes a good cause finding that notice and
comment rulemaking

procedures are impracticable, unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for
this rule as discussed in section III of this preamble, including the
basis for that finding.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

40 CFR Part 97

    Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: November 21, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, parts 51, 52, and 97 of
chapter I of title 40 of the Code of Federal Regulations are amended as
follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Sec. Sec.  51.121, 51.123, and 51.124   [Amended]

0
2. Part 51 is amended by removing ``2012'' and adding in its place
``2015'' in the following places:
0
a. Section 51.121(r)(2);
0
b. Section 51.123(ff)(2) through (4); and
0
c. Section 51.124(s)(2).

Sec. Sec.  51.123 and 51.124   [Amended]

0
3. Part 51 is further amended by removing ``December 31, 2011'' and
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 51.123(ff)(1) introductory text; and
0
b. Section 51.124(s)(1) introductory text;

Sec.  51.123  [Amended]

0
4. Section 51.123 is amended in paragraphs (ff)(3) and (4) by removing
``November 7, 2011'' and adding in its place March 3, 2015''.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Sec. Sec.  52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984,
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588   [Amended]

0
6. Part 52 is amended by removing ``2012'' and adding in its place
``2015'' in the following places:
0
a. Section 52.35(f)(2) through (4);
0
b. Section 52.36(e)(2);
0
c. Section 52.440(c)(2) through (4);
0
d. Section 52.441(b)(2);
0
e. Section 52.484(c)(2) through (4);
0
f. Section 52.485(b)(2);
0
g. Section 52.984(c)(2) through (4);
0
h. Section 52.1186(c)(2) through (4);
0
i. Section 52.1187(b)(2);
0
j. Section 52.1584(c)(2) through (4);
0
k. Section 52.1585(b)(2);
0
l. Section 52.2240(c)(2) through (4);
0
m. Section 52.2241(b)(2);
0
n. Section 52.2283(b)(2) and (3);
0
o. Section 52.2284(b)(2);
0
p. Section 52.2587(c)(2) through (4); and
0
q. Section 52.2588(b)(2).

Sec. Sec.  52.35, 52.36, 52.440, 52.441, 52.484, 52.485, 52.984,
52.1186, 52.1187, 52.1584, 52.1585, 52.2240, 52.2241, 52.2283, 52.2284,
52.2587, and 52.2588   [Amended]

0
7. Part 52 is further amended by removing ``December 31, 2011'' and
adding in its place ``December 31, 2014'' in the following places:
0
a. Section 52.35(f)(1) introductory text;
0
b. Section 52.36(e)(1) introductory text;
0
c. Section 52.440(c)(1) introductory text;
0
d. Section 52.441(b)(1) introductory text;
0
e. Section 52.484(c)(1) introductory text;
0
f. Section 52.485(b)(1) introductory text;
0
g. Section 52.984(c)(1) introductory text;
0
h. Section 52.1186(c)(1) introductory text;
0
i. Section 52.1187(b)(1) introductory text;
0
j. Section 52.1584(c)(1) introductory text;
0
k. Section 52.1585(b)(1) introductory text;
0
l. Section 52.2240(c)(1) introductory text;
0
m. Section 52.2241(b)(1) introductory text;
0
n. Section 52.2283(b)(1) introductory text;
0
o. Section 52.2284(b)(1) introductory text;
0
p. Section 52.2587(c)(1) introductory text; and
0
q. Section 52.2588(b)(1) introductory text.

Sec. Sec.  52.35, 52.440, 52.484, 52.984, 52.1186, 52.1584, 52.2240,
52.2283, and 52.2587   [Amended]

0
8. Part 52 is further amended by removing ``November 7, 2011'' and
adding in its place March 3, 2015'' in the following places:
0
a. Section 52.35(f)(3) and (4);
0
b. Section 52.440(c)(3) and (4);
0
c. Section 52.484(c)(3) and (4);
0
d. Section 52.984(c)(3) and (4);
0
e. Section 52.1186(c)(3) and (4);
0
f. Section 52.1584(c)(3) and (4);
0
g. Section 52.2240(c)(3) and (4);
0
h. Section 52.2283(b)(3); and
0
i. Section 52.2587(c)(3) and (4).

Sec. Sec.  52.38 and 52.39   [Amended]

0
9. Sections 52.38 and 52.39 are amended as follows:
0
a. By removing ``2020'' wherever it appears and adding in its place
``2023'';
0
b. By removing ``2019'' wherever it appears and adding in its place
``2022'';
0
c. By removing ``2018'' wherever it appears and adding in its place
``2021'';
0
d. By removing ``2017'' wherever it appears and adding in its place
``2020'';
0
e. By removing ``2016'' wherever it appears and adding in its place
``2019'';
0
f. By removing ``2015'' wherever it appears and adding in its place
``2018'';
0
g. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
h. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
i. By removing ``2012'' wherever it appears and adding in its place
``2015''.

PART 97--FEDERAL NOX BUDGET TRADING PROGRAM AND CAIR
NOX AND SO2 TRADING PROGRAMS

0
10. The authority citation for part 97 continues to read as follows:

    Authority:  42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.

Sec. Sec.  97.406, 97.506, 97.606, and 97.706   [Amended]

0
11. Sections 97.406, 97.506, 97.606, and 97.706 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place
``2017''; and
0
b. By removing ``2012'' wherever it appears and adding in its place
``2015''.

Sec. Sec.  97.410, 97.510, 97.610, and 97.710   [Amended]

0
12. Sections 97.410, 97.510, 97.610, and 97.710 are amended as follows:
0
a. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
b. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
c. By removing ``2012'' wherever it appears and adding in its place
``2015''.

Sec. Sec.  97.411, 97.511, 97.611, and 97.711   [Amended]

0
13. Sections 97.411, 97.511, 97.611, and 97.711 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015''; and
0
b. By removing ``after 2011'' wherever it appears and adding in its
place ``after 2014''.

Sec. Sec.  97.412, 97.512, 97.612, and 97.712   [Amended]

0
14. Sections 97.412, 97.512, 97.612, and 97.712 are amended by removing
``2012'' wherever it appears and adding in its place ``2015''.

Sec. Sec.  97.421, 97.521, 97.621, and 97.721   [Amended]

0
15. Sections 97.421, 97.521, 97.621, and 97.721 are amended as follows:
0
a. By removing ``2019'' wherever it appears and adding in its place
``2022'';
0
b. By removing ``2018'' wherever it appears and adding in its place
``2021'';
0
c. By removing ``2017'' wherever it appears and adding in its place
``2020'';
0
d. By removing ``2016'' wherever it appears and adding in its place
``2019'';
0
e. By removing ``2015'' wherever it appears and adding in its place
``2018'';
0
f. By removing ``2014'' wherever it appears and adding in its place
``2017'';
0
g. By removing ``2013'' wherever it appears and adding in its place
``2016''; and
0
h. By removing ``2012'' wherever it appears and adding in its place
``2015''.

Sec. Sec.  97.425, 97.525, 97.625, and 97.725   [Amended]

0
16. Sections 97.425, 97.525, 97.625, and 97.725 are amended by removing
``2015'' wherever it appears and adding in its place ``2018''.

Sec. Sec.  97.430, 97.530, 97.630, and 97.730   [Amended]

0
17. Sections 97.430, 97.530, 97.630, and 97.730 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015''; and
0
b. By removing ``July 1, 2011'' wherever it appears and adding in its
place ``July 1, 2014''.

Sec. Sec.  97.434, 97.534, 97.634, and 97.734   [Amended]

0
18. Sections 97.434, 97.534, 97.634, and 97.734 are amended as follows:
0
a. By removing ``2012'' wherever it appears and adding in its place
``2015'';
0
b. By removing ``the third or fourth quarter of 2011'' wherever it
appears and adding in its place ``the third or fourth quarter of
2014''; and
0
c. By removing ``July 1, 2011'' wherever it appears and adding in its
place ``July 1, 2014''.

[FR Doc. 2014-28286 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Page 29130]
[FR Doc No: 2018-13431]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0490]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0010

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0010,
Defect/Noncompliance Report and Campaign Update Report; without change.
Our ICR describes the information we seek to collect from the public.
Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before August 21,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0490] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), ATTN: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0490], and
must be received by August 21, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Defect/Noncompliance Report and Campaign Update Report.
    OMB Control Number: 1625-0010.
    Summary: Manufacturers whose products contain defects that create a
substantial risk of personal injury to the public or fail to comply
with an applicable Coast Guard safety standard are required to conduct
defect notification and recall campaigns in accordance with 46 U.S.C.
4310. Regulations in 33 CFR 179 require manufacturers to submit certain
reports to the Coast Guard concerning progress made in notifying owners
and making repairs.
    Need: Under 46 U.S.C. 4310(d) and (e); and 33 CFR 179.13 and
179.15, the manufacturer shall provide the Commandant of the Coast
Guard with an initial report consisting of certain information about
the defect notification and recall campaign being conducted and follow
up reports describing progress. Upon receipt of information from a
manufacturer indicating the initiation of a recall, the Recreational
Boating Product Assurance Branch assigns a recall campaign number, and
sends the manufacturer Coast Guard Forms CG-4917 and CG-4918 for
supplying the information.
    Forms: CG-4917, Defect/Noncompliance Report and CG-4918, Campaign
Update Report.
    Respondents: Manufacturers of boats and certain items of
``designated'' associated equipment (inboard engines, outboard motors,
sterndrive engines or an inflatable personal flotation device approved
under 46 CFR 160.076).
    Frequency: Quarterly.
    Hour Burden Estimate: The estimated burden has decreased from 207
hours to 16.5 hours a year due to the change in the average number of
recall campaigns conducted during the last 21 years.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: June 19, 2018.
James D. Roppel,
Acting Chief, U.S. Coast Guard, Office of Information Management.
[FR Doc. 2018-13431 Filed 6-21-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Rules and Regulations]
[Page 3125-3127]
[DOCID:fr20ja10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0309; Directorate Identifier 2008-NM-173-AD;
Amendment 39-16152; AD 2009-26-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200,and A340-300 Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.
* * * * *

In addition, the potential unsafe condition includes the part
potentially impacting the airplane. We are issuing this AD to require
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 24, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 24,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 6, 2009 (74 FR
15401). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.
    For the reason described above, this AD requires the
modification of the movable flap track fairing No. 3, both Left Hand
(LH) and Right Hand (RH) side, and prohibits re-installation of
unmodified units.

In addition, the potential unsafe condition includes the part
potentially impacting the airplane. You may obtain further information
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Change Compliance Time

    The Air Transportation Association, on behalf of its member
Northwest Airlines (NWA), requests that we change the compliance time
of the NPRM. NWA states that paragraph (f)(4) of the NPRM would
prohibit installation of unmodified units after the effective date of
the AD and that this restriction would have unintended consequences in
a line maintenance environment when a fairing is removed for access
during unscheduled maintenance because operators could not reinstall
the fairing without doing the actions required by the AD. The commenter
requests that we revise the NPRM to allow installation of unmodified
units until the 60-month compliance time specified in paragraph (f)(1)
of the NPRM has passed.
    We partially agree. We did not intend to prohibit operators from
reinstalling a fairing removed for maintenance. But allowing operators
up to 60 months to intermix airworthy and potentially inadequate
fairings would conflict with provisions of the Federal Aviation
Regulations and would not ensure an adequate level of safety for the
fleet. To clarify the requirement, we have revised paragraph (f)(4) in
this final rule to prohibit ``replacing''--instead of ``installing''--
the subject part.
    We have also added a note to the FAA Differences paragraph to
specify that parts cannot be put on as of the effective date of this
AD.

Clarification of Unsafe Condition

    In addition to the unsafe condition specified in the NPRM, the
potential unsafe condition includes the part potentially impacting the
airplane. We have revised the Summary section, Discussion section, and
paragraph (e) of this AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We determined that this change
will not increase the economic burden on any operator or increase the
scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S.

operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 35 products of U.S. registry.
We also estimate that it will take about 19 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $647 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $75,845, or $2,167 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-26-13 Airbus: Amendment 39-16152. Docket No. FAA-2009-0309;
Directorate Identifier 2008-NM-173-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes, all
manufacturer serial numbers (MSNs), except those on which Airbus
Modification 55674 has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes, all MSNs, except those on which Airbus Modification 55674
has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several cases have been reported of in-flight loss of the drive
strut fitting from the movable fairing of flap track No. 3.
Consequently, the flap track No. 3 fairing was detached from its aft
end, and found hanging. Investigations have shown that the
detachment of the aft lower drive strut fitting from the fairing
occurred due to the four bonded inserts being pulled out.
    This condition, if not corrected, could lead to in-flight loss
of the affected aircraft parts, potentially resulting in injuries to
persons on the ground.
    For the reason described above, this AD requires the
modification of the movable flap track fairing No. 3, both Left Hand
(LH) and Right Hand (RH) side, and prohibits re-installation of
unmodified units.

In addition, the potential unsafe condition includes the part
potentially impacting the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 months after the effective date of this AD, modify
the left- and right-hand movable flap track fairing No. 3, in
accordance with Airbus Mandatory Service Bulletin A330-57-3095,
Revision 02; or A340-57-4103, Revision 01; both dated April 3, 2008;
as applicable.
    (2) Modifying the left- and right-hand movable flap track
fairing No. 3 is also acceptable for compliance with the
requirements of paragraph (f)(1) of this AD if done before the
effective date of this AD, in accordance with Airbus Service
Bulletin
    A330-57-3095, Revision 01; or A340-57-4103; both dated August
28, 2007; as applicable.
    (3) Installing a repaired left- and right-hand movable flap
track fairing No. 3 using replacement of a damaged insert by
through-bolts at the drive strut attachment fitting is acceptable
for compliance with the requirements of paragraph (f)(1) of this AD
if done before the effective date of this AD in accordance with the
repair instructions specified in Chapter 57-56-11, page block 201,
in one of the Airbus structural repair manuals listed in Table 1 of
this AD, as applicable.

 Table 1--Structural Repair Manuals Acceptable Before the Effective Date
                               of This AD
------------------------------------------------------------------------
            Document               Revision              Date
------------------------------------------------------------------------
Airbus A330 Structural Repair             60  October 1, 2008.
 Manual.
Airbus A330 Structural Repair             61  January 1, 2009.
 Manual.
Airbus A340-200/-300 Structural           64  October 1, 2008.
 Repair Manual.
Airbus A340-200/-300 Structural           65  January 1, 2009.
 Repair Manual.
------------------------------------------------------------------------

     (4) As of the effective date of this AD, no person may replace
a movable flap track fairing No. 3 on that airplane, unless the
replacement fairing has been modified or repaired in accordance with
the requirements of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI prohibits replacement of the affected part
after modification, but this AD prohibits replacing the affected
part as of the effective date of this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0153, dated August 8, 2008; and Airbus Mandatory
Service BulletinsA330-57-3095, Revision 02, and A340-57-4103,
Revision 01, both dated April 3, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-57-3095,
Revision 02, dated April 3, 2008; or Airbus Mandatory Service
Bulletin A340-57-4103, Revision 01, dated April 3, 2008; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 45 80, e-mail
<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager,
    Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-487 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P