[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12308-12310]
[FR Doc No: 2017-03950]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0141; Directorate Identifier 2016-SW-067-AD]
RIN 2120-AA64

Airworthiness Directives; The Enstrom Helicopter Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2015-08-
51 for Enstrom Helicopter Corporation (Enstrom) Model F-28A, 280, F-
28C, F-28C-2, F-28C-2R, 280C, F-28F, F-28F-R, 280F, 280FX, and 480
helicopters. AD 2015-08-51 requires an inspection of the main rotor
spindle (spindle) and reporting the inspection results to the FAA. This
proposed AD was prompted by additional reports of cracked spindles and
would require establishing a life limit and a recurring inspection.
These proposed actions are intended to prevent the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by May 1, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0141; 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 this proposed AD, the economic evaluation, any comments
received and other information. The street address for the Docket
Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Enstrom Helicopter Corporation, 2209 22nd Street, Menominee, MI;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
www.enstromhelicopter.com. You may review service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Monica Nemecek, Continued Operational
Safety Program Manager, Chicago Aircraft Certification Office, Small
Airplane Directorate, FAA, 2300 East Devon Ave., Des Plaines, IL 60018;
(847) 294-7618; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On May 8, 2015, we issued AD 2015-08-51, Amendment 39-18160 (80 FR
28172, May 18, 2015), which was sent previously as an emergency AD to
all known U.S. owners and operators of Enstrom Model F-28A, 280, F-28C,
F-28C-2, F-28C-2R, 280C, F-28F, F-28F-R, 280F, 280FX, and 480
helicopters. AD 2015-08-51 applies to helicopters with a spindle part
number (P/N) 28-14282-11 or 28-14282-13 installed and requires
conducting a one-time magnetic particle inspection (MPI) of the spindle
for cracks and reporting the inspection results to the FAA. AD 2015-08-
51 was prompted by a fatal accident and reports of spindles with
cracks. The actions of AD 2015-08-51 are intended to detect a crack in
a spindle and prevent loss of a main rotor blade and subsequent loss of
control of the helicopter.

Actions Since AD 2015-08-51 Was Issued

    Since we issued AD 2015-08-51, we received additional reports of
cracked spindles. Additionally, Enstrom revised its service information
to reduce the time for the initial MPI from 3,500 hours TIS to 1,500
hours TIS and extend the compliance time for a recurring MPI of the
spindles from 300 hours TIS to 500 hours TIS. Based on a review of the
in-service data and a fatigue analysis, the FAA determined a life limit
and repetitive MPIs were necessary to reduce the risk of a crack
developing in a spindle. We also determined the reporting requirement
in AD 2015-08-51 is no longer necessary.
    We issued AD 2015-08-51 as interim action; this proposed AD would
provide long-term requirements to prevent a spindle failure.
Accordingly, this

proposed AD would require an MPI of the spindle every 500 hours TIS
until the spindle reaches its new life limit of 1,500 hours TIS. These
proposed actions are intended to detect a crack in a spindle and
prevent loss of a main rotor blade and subsequent loss of control of
the helicopter.

FAA's Determination

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

Related Service Information

    We reviewed Enstrom Service Directive Bulletin No. 0119, Revision
3, dated June 24, 2016, for Model F-28A, F-28C, F-28F, 280, 280C, 280F,
and 280FX helicopters with a spindle P/N 28-14282-11 or 28-14282-13. We
also reviewed Enstrom Service Directive Bulletin No. T-050, Revision 3,
dated June 24, 2016, for Model 480 helicopters, serial numbers 5001
through 5004 and 5006, and with a spindle P/N 28-14282-13, except those
aircraft modified with tension-torsion straps. Both service directive
bulletins specify sending the spindle to Enstrom for an MPI before the
spindle reaches 1,500 hours time-in-service (TIS), or within 5 hours
TIS for those spindles with 1,500 or more hours TIS. Thereafter, the
service directive bulletins specify returning the spindle to Enstrom
for an MPI every 500 hours.

Proposed AD Requirements

    This proposed AD would require establishing a life limit of 1,500
hours TIS for spindle P/Ns 28-14282-11 and 28-14282-13. This proposed
AD would also require an initial and recurring MPI of the spindles.

Differences Between This Proposed AD and the Service Information

    This proposed AD would require establishing a spindle life limit of
1,500 hours TIS. The service information does not specify a life limit.
    This proposed AD would require that the MPI be conducted by a Level
II or Level III inspector or equivalent. The service information
specifies sending the spindle to Enstrom for an MPI.
    This proposed AD would require an initial MPI before further flight
for a spindle with 500 or more hours TIS, unless an MPI has been done
within the last 500 hours TIS. The service information specifies an
initial MPI compliance time of within 5 hours TIS for a spindle with
1,500 or more hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 323 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. Labor costs are estimated at $85 per
work-hour. Inspecting the spindles would take about 15 work-hours for
an estimated cost of $1,275 per helicopter and $411,825 for the U.S.
fleet per inspection cycle. Replacing a cracked spindle would cost
$8,164 for parts and no additional work-hours. Replacing a set of three
spindles that have reached their life limit would take about 14 work-
hours and parts would cost $17,500 for a total cost of $18,690 per
helicopter.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-08-51, Amendment 39-18160 (80 FR 28172, May 18, 2015), and adding
the following new AD:

The Enstrom Helicopter Corporation (Enstrom): Docket No. FAA-2017-
0141; Directorate Identifier 2016-SW-067-AD.

(a) Applicability

    This AD applies to Enstrom Model F-28A, 280, F-28C, F-28C-2, F-
28C-2R, 280C, F-28F, F-28F-R, 280F, and 280FX helicopters, all
serial numbers; and Enstrom Model 480 helicopters, serial numbers
5001 through 5006; with a main rotor spindle (spindle) part number
(P/N) 28-14282-11 or 28-14282-13, installed, certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a spindle,
which, if not detected, could result in loss of a main rotor blade
and subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2015-08-51, Amendment 39-18160 (80 FR
28172, May 18, 2015).

(d) Comments Due Date

    We must receive comments by May 1, 2017.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) Before further flight, remove from service any spindle P/N
28-14282-11 or 28-14282-13 that has 1,500 or more hours time-in-
service (TIS). If the hours TIS of a spindle is unknown, use the TIS
of the helicopter.

Thereafter, remove from service any spindle P/N 28-14282-11 or 28-
14282-13 before accumulating 1,500 hours TIS.
    (2) For each spindle with 500 or more hours TIS, using the hours
TIS of the helicopter if the hours TIS of the spindle is unknown:
    (i) Before further flight, unless already done within the last
500 hours TIS, conduct a magnetic particle inspection (MPI) of the
spindle for a crack, paying particular attention to the threaded
portion of the spindle. The MPI of the spindle must be conducted by
a Level II or Level III inspector qualified in the MPI in the
Aeronautics Sector according to the EN4179 or NAS410 standard or
equivalent. If there is a crack in the spindle, replace it with an
airworthy spindle before further flight.
    (ii) Thereafter at intervals not to exceed 500 hours TIS, repeat
the MPI specified in paragraph (f)(2)(i) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Monica Nemecek,
Continued Operational Safety Program Manager, Chicago Aircraft
Certification Office, Small Airplane Directorate, FAA, 2300 East
Devon Ave., Des Plaines, IL 60018;<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.
    (3) AMOCs approved previously in accordance with AD 2015-08-51,
Amendment 39-18160 (80 FR 28172, May 18, 2015), are approved as
AMOCs for the corresponding requirements in paragraph (f) of this
AD.

(h) Additional Information

    Enstrom Service Directive Bulletin Nos. 0119 and T-050, both
Revision 3 and both dated June 24, 2016, which are not incorporated
by reference, contain additional information about the subject of
this AD. For service information identified in this AD, contact
Enstrom Helicopter Corporation, 2209 22nd Street, Menominee, MI;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
www.enstromhelicopter.com. You may review the service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor
Head.

    Issued in Fort Worth, Texas, on February 16, 2017.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-03950 Filed 3-1-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 14, 2006 (Volume 71, Number 72)]
[Notices]
[Page 19493-19494]
[DOCID:fr14ap06-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 7, 2006.
    Take notice that the Commission received the following electric
rate filings.

    Docket Numbers: ER02-2400-005; ER06-64-001.
    Applicants: Southern California Water Company.
    Description: Golden State Water Co submits its revised Third
Revised Sheet 1 et al., FERC Electric Tariff, Original Volume 1, to be
effective 3/29/06, to reflect its name change, et al.
    Filed Date: 03/28/2006.
    Accession Number: 20060404-0010.
    Comment Date: 5 p.m. eastern time on Tuesday, April 18, 2006.

    Docket Numbers: ER06-278-000; ER06-278-002.
    Applicants: Nevada Hydro Company, Inc.
    Description: Nevada Hydro Co Company, Inc submits its response to
FERC's 2/17/06 request for additional information and on 3/29/06
submits corrections to its filing of 3/20/06.
    Filed Date: 03/20/2006 and 03/29/06.
    Accession Numbers: 20060331-0184 and 20060404-0010.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006.

    Docket Numbers: ER06-456-002.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an amendment to its
3/5/06 filing.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0187.
    Comment Date: 5 p.m. eastern time on Friday, April 14, 2006.

    Docket Numbers: ER06-522-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.;
Midwest ISO Transmission Owners.
    Description: Midwest Independent Transmission System Operator, Inc
et al. submit its proposed revisions to Attachment N-1 of Midwest ISO
Open Access Transmission & Energy Markets Tariff.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0186.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-619-001; ER96-110-019; ER99-2774-011; ER03-
956-008; ER03-185-006; ER03-17-006; ER01-545-008; ER00-1783-008; ER02-
795-006; ER96-2504-013; ER05-1367-002; ER05-1368-002; ER05-1369-003;
ER00-826-005; ER00-828-005; ER98-421-016; ER98-4055-013; ER01-1337-008;
ER02-177-009; ER03-1212-007.
    Applicants: Duke Power Company LLC; Duke Energy Trading and
Marketing, L.L.C.; Duke Energy Marketing America, LLC; Duke Energy
Fayette, LLC; Duke Energy Hanging Rock, LLC; Duke Energy Lee, LLC; Duke
Energy Vermillion, LLC; Duke Energy Washington, LLC; Cincinnati Gas &
Electric Company; PSI Energy, Inc.; Union Light Heat & Power Company;
Cinergy Marketing & Trading, LP; Brownsville Power I, L.L.C.; Caldonia
Power I, L.L.C.; CinCap IV, LLC; CinCap V, LLC; Cinergy Capital &
Trading, Inc.; Cinergy Power Investments, Inc.; St. Paul Cogeneration,
LLC.
    Description: Duke Energy Corp, et al., submit its notice of
succession and amended market-based rate tariffs to reflect the name
change Duke Power, currently a division of Duke Energy to Duke Power
Co, LLC.
    Filed Date: 03/29/2006.
    Accession Number: 20060403-0196
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-722-001.
    Applicants: Consumers Energy Company.
    Description: Consumers Energy Co submits an amendment to its 3/13/
06 filing, Notice of Cancellation for its Rate Schedule 102.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0178.
    Comment Date: 5 pm Eastern Time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-791-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits a notice of
cancellation of the Interconnection Agreement 23 to FERC Electric
Tariff, Second Revised Volume 11 with Palomar Energy, LLC.
    Filed Date: 03/27/2006.
    Accession Number: 20060404-0009.
    Comment Date: 5 p.m. eastern time on Monday, April 17, 2006.

    Docket Numbers: ER06-794-000.
    Applicants: Xcel Energy Services, Inc.
    Description: Xcel Energy Services Inc, on behalf of Public Service
Co of Colorado submits its Amended and Restated Agreement for
Interconnection Service with Rocky Mountain Energy Center LLC.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0177.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-795-000.
    Applicants: Colorado Green Holdings, LLC; Flat Rock Windpower LLC.
    Description: Colorado Green Holdings LLC et al. submit its proposed
amendments to their market-based rate schedules and Code of Conduct.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0176.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-796-000.
    Applicants: Emera Energy U.S. Subsidiary No. 2, Inc.
    Description: Emera Energy U.S. Subsidiary No 2 Inc submits a
petition for order accepting initial rate schedule, Original Volume No.
1, for filing.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0175.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-798-000.
    Applicants: Pacific Gas & Electric Company.
    Description: Pacific Gas and Electric Co submits its revised
Service Agreements for Wholesale Distribution Service and an existing
Interconnection Agreement etc with Port of Stockton.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0217.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-799-000.
    Applicants: Entergy Services Inc.
    Description: Entergy Services, Inc agent for Entergy Operating
Companies submits an unexecuted Standard Large Generation
Interconnection Agreement et al. with Arkansas Electric Cooperative
Corp.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0202.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-802-000.
    Applicants: United Wisdom Energy LLC.
    Description: United Wisdom Energy, LLC submits a petition for
acceptance of initial rate schedule, FERC Electric Rate Schedule 1,
waivers and blanket authority.
    Filed Date: 03/24/2006.
    Accession Number: 20060403-0191.
    Comment Date: 5 p.m. eastern time on Friday, April 14, 2006.

    Docket Numbers: ER06-803-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Co submits executed non-conforming
Service Agreements with Tucson Electric Power Company.
    Filed Date: 03/28/2006.
    Accession Number: 20060403-0192.
    Comment Date: 5 p.m. eastern time on Tuesday, April 18, 2006.

    Docket Numbers: ER06-806-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits an

information filing of revised transmission Access Charges effective 3/
1/06.
    Filed Date: 03/29/2006.
    Accession Number: 20060403-0195.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER95-362-022.
    Applicants: Stand Energy Corporation.
    Description: Stand Energy Corp submits its revised tariff sheets
for Rate Schedule No 1 pursuant to the Commission's 11/3/05 order.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0108.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER97-2801-006; ER97-2801-008; EL05-95-000; ER03-
478-005; ER03-478-006.
    Applicants: PacifiCorp.
    Description: PacifiCorp and PPM Energy, Inc submit an updated
market power analysis in compliance with the Commission's 1/27/06
letter order.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0126.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and Sec.
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-5553 Filed 4-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Rules and Regulations]
[Pages 63554-63561]
[FR Doc No: 2011-26347]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 93

[EPA-HQ-OAR-2011-0393; FRL-9478-1]
RIN 2060-AR03

Transportation Conformity Rule: MOVES Regional Grace Period
Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to extend the grace period
before the Motor Vehicle Emission Simulator model (currently
MOVES2010a) is required for regional emissions analyses for
transportation conformity determinations (``regional conformity
analyses''). This final rule provides an additional year to the
previously established two-year conformity grace period. As a result,
EPA is announcing in this Federal Register that MOVES is not required
for regional conformity analyses until March 2, 2013. This action does
not affect EPA's previous approval of the use of MOVES in official
state air quality implementation plan (SIP) submissions or the existing
grace period before MOVES2010a is required for carbon monoxide and
particulate matter hot-spot analyses for project-level conformity
determinations.

DATES: This rule is effective on December 12, 2011 without further
notice, unless EPA receives adverse comment by November 14, 2011. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit any comments to Docket ID No. EPA-OAR-2011-0393, by
one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. EPA-HQ-OAR-2011-0393. Please include a total of
two copies.
     Hand Delivery: Air Docket, Environmental Protection
Agency: EPA West Building, EPA Docket Center (Room 3334), 1301
Constitution Ave., NW., Washington, DC, Attention Docket ID No. EPA-HQ-
OAR-2011-0393. Please include two copies. 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-
2011-0393. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you

include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    Electronic files should avoid the use of special characters, any
form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit the EPA Docket
Center homepage at: http://www.epa.gov/epahome/dockets.htm. For
additional instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., 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: Meg Patulski, State Measures and
Conformity Group, Transportation and Regional Programs Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Astrid Larsen, State Measures
and Conformity Group, Transportation and Regional Programs Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The content of this preamble is listed in
the following outline:

I. General Information
II. Background
III. Extension of MOVES2010a Regional Conformity Grace Period
IV. Conformity SIPs
V. Statutory and Executive Order Reviews

    If this rule becomes effective, the conformity grace period in
applicable areas will end on March 2, 2013, after which MOVES2010a is
required to be used for new regional conformity analyses.

Availability of MOVES2010a and Support Materials

    Copies of the official version of the MOVES2010a motor vehicle
emissions model, along with user guides and supporting documentation,
are available on EPA's MOVES Web site: http://www.epa.gov/otaq/models/moves/index.htm.
    Guidance on how to apply MOVES2010a for SIPs and transportation
conformity purposes, including ``Policy Guidance on the Use of
MOVES2010 for State Implementation Plan Development, Transportation
Conformity, and Other Purposes'' (EPA-420-B-09-046, December 2009) and
``Technical Guidance on the Use of MOVES2010 for Emission Inventory
Preparation in State Implementation Plans and Transportation
Conformity'' (EPA-420-B-10-023, April 2010) can be found on the EPA's
transportation conformity Web site at: http://www.epa.gov/otaq/stateresources/transconf/policy.htm.

I. General Information

A. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. This rule makes a one-time, minor revision to the
transportation conformity rule to provide administrative relief
requested by state and local agencies for certain nonattainment and
maintenance areas. As described more fully below, there are significant
technical differences between MOVES2010a and the previous emissions
model, and affected state and local agencies require additional time
beyond the two-year grace period provided by 40 CFR 93.111(b) to make
the conformity transition to MOVES2010a successfully. Today's action is
based on the circumstances unique to this transition, and does not
change the grace period provisions applicable to future models.
However, in the ``Proposed Rules'' section of today's Federal Register,
we are publishing a separate document that will serve as the proposed
rule to extend the MOVES2010a regional conformity grace period if
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
    If EPA receives adverse comment, we would publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

B. Does this action apply to me?

    Entities potentially regulated by the transportation conformity
rule are those that adopt, approve, or fund transportation plans,
transportation improvement programs (TIPs), or projects under title 23
U.S.C. or title 49 U.S.C. Chapter 53. Regulated categories and entities
affected by today's action include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities
------------------------------------------------------------------------
Local government..................  Local transportation and air quality
                                     agencies, including metropolitan
                                     planning organizations (MPOs).
State government..................  State transportation and air quality
                                     agencies.
Federal government................  Department of Transportation
                                     (Federal Highway Administration
                                     (FHWA) and Federal Transit
                                     Administration (FTA)).
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
direct final rule. This table lists the types of entities of which EPA
is aware that potentially could be regulated by the transportation
conformity rule. Other types of entities not listed in the table could
also be regulated. To determine whether your organization is regulated
by this action, you should carefully examine the applicability
requirements in 40 CFR 93.102. If you have questions regarding the
applicability of this action to a particular entity, consult the
persons listed in the preceding FOR FURTHER INFORMATION CONTACT
section.

C. What should I consider as I prepare any comments for EPA?

1. Submitting CBI
    Do not submit this information to EPA through www.regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs
    You may be required to pay a reasonable fee for copying docket
materials.

D. How do I get copies of this direct final rule and other documents?

1. Docket
    EPA has established an official public docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0393. You can get a paper copy of this
Federal Register document, as well as the documents specifically
referenced in this action, any public comments received, and other
information related to this action at the official public docket. See
the ADDRESSES section for its location.
2. Electronic Access
    You may access this Federal Register document electronically
through EPA's transportation conformity Web site at: http://www.epa.gov/otaq/stateresources/transconf/index.htm. You may also
access this document electronically under the Federal Register listings
at: http://www.epa.gov/fedrgstr/.
    An electronic version of the official public docket is available
through www.regulations.gov. You may use www.regulations.gov to submit
or view public comments, access the index listing of the contents of
the official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    Certain types of information will not be placed in the electronic
public docket. Information claimed as CBI and other information for
which disclosure is restricted by statute is not available for public
viewing in the electronic public docket. EPA's policy is that
copyrighted material will not be placed in the electronic public docket
but will be available only in printed, paper form in the official
public docket.
    To the extent feasible, publicly available docket materials will be
made available in the electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in the electronic public
docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in the
ADDRESSES section. EPA intends to provide electronic access in the
future to all of the publicly available docket materials through the
electronic public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to the electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in the electronic public docket. Where practical,
physical objects will be photographed, and the photograph will be
placed in the electronic public docket along with a brief description
written by the docket staff.
    For additional information about the electronic public docket,
visit the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.

II. Background

A. What is transportation conformity?

    Transportation conformity is required under Clean Air Act (CAA)
section 176(c) (42 U.S.C. 7506(c)) to ensure that transportation plans,
transportation improvement programs (TIPs), and federally supported
highway and transit projects are consistent with the purpose of the
SIP. Conformity to the purpose of the SIP means that transportation
activities will not cause or contribute to new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standard (NAAQS) or required interim
milestones.
    Transportation conformity (hereafter, ``conformity'') applies to
areas that are designated nonattainment, and those areas redesignated
to attainment after 1990 (``maintenance areas'') for transportation-
related criteria pollutants: ozone, particulate matter
(PM2.5 and PM10),\1\ carbon monoxide (CO), and
nitrogen dioxide (NO2). EPA's conformity rule (40 CFR parts
51 and 93) establishes the criteria and procedures for determining
whether transportation activities conform to the SIP. EPA first
promulgated the conformity rule on November 24, 1993 (58 FR 62188) and
subsequently published several other amendments. The Department of
Transportation (DOT) is EPA's Federal partner in implementing the
conformity regulation. EPA has coordinated with DOT, and they concur
with this direct final rule.
---------------------------------------------------------------------------

    \1\ 40 CFR 93.102(b)(1) defines PM2.5 and
PM10 as particles with an aerodynamic diameter less than
or equal to a nominal 2.5 and 10 micrometers, respectively.
---------------------------------------------------------------------------

B. What is MOVES2010a, and how has it been implemented to date?

    The Motor Vehicle Emission Simulator model (MOVES) is EPA's state-
of-the-art model for estimating emissions from highway vehicles, based
on analyses of millions of emission test results and considerable
advances in the Agency's understanding of vehicle emissions. MOVES is
currently EPA's official emissions model for state and local agencies
to estimate volatile organic compounds (VOCs), nitrogen oxides
(NOX), PM, CO, and other precursors from cars, trucks,
buses, and motorcycles for SIP purposes and

conformity determinations outside of California. MOVES' database-
centered design allows EPA to update emissions data more frequently and
allows users much greater flexibility in organizing input and output
data.
    MOVES2010a is the latest official version of MOVES that EPA has
approved for SIP and conformity purposes. EPA originally announced the
release of MOVES2010 in the Federal Register on March 2, 2010 (75 FR
9411) and subsequently released MOVES2010a on September 8, 2010.
MOVES2010a includes minor revisions that enhance model performance and
do not significantly affect criteria pollutant emissions results. Since
these are minor revisions to MOVES2010, MOVES2010a is not considered a
``new model'' under section 93.111 of the conformity rule, as described
further below.
    MOVES2010a is a significant improvement over the previous emissions
model, MOBILE6.2,\2\ in terms of quality of results and overall
functionality. It incorporates the latest emissions data, more
sophisticated calculation algorithms, increased user flexibility, new
software design, and significant new capabilities. While these changes
improve the quality of on-road mobile source inventories, the overall
degree of change in the model's function also adds to the start-up time
required for the transition from MOBILE6.2 to MOVES2010a.
---------------------------------------------------------------------------

    \2\ EPA announced the release of MOBILE6.2 in 2004 (69 FR
28830).
---------------------------------------------------------------------------

    EPA developed MOVES as a completely new model. Whereas MOBILE6.2
was written in FORTRAN and used simple text files for data input and
output, MOVES2010a is written in JAVA and uses a relational database
structure in MYSQL to handle input and output as data tables. These
changes make MOVES more flexible, and the analysis of new data
incorporated within MOVES will enhance state and local agency
understanding of how on-road mobile sources contribute to emissions
inventories and the relative effectiveness of various control
strategies. However, this new model framework has created a significant
learning curve for state and local agency staff that are required to
use MOVES.\3\
---------------------------------------------------------------------------

    \3\ Some states also purchased computers with additional
capacity and features for running MOVES.
---------------------------------------------------------------------------

    In addition to the challenges of learning new software, state and
local agencies also have to make substantial changes in the processes
they have developed to create model input and apply model output. While
there were incremental changes between each previous version of the
MOBILE model, the basic input and output structure of that model was
essentially unchanged since the early 1980s. Over time, state and local
agencies developed their own methods for incorporating local inputs in
MOBILE format and for post-processing MOBILE results for inventory
development and air quality modeling. To help state and local agencies
with this part of the current transition, EPA created a number of tools
that take input data formatted for MOBILE6.2 and convert that data for
use in MOVES2010a.
    EPA anticipated many of these challenges when it released MOVES. In
order to assist in this model transition, EPA and DOT have already
provided hands-on MOVES training in many states.\4\ Additional MOVES
training for regional inventories has been requested, and will continue
to be offered for the foreseeable future. EPA continues to provide
other technical assistance to state and local agencies via on-going
conference calls with user groups, e-mail and phone support, a
frequently asked questions web page, and web-based presentations. All
of these efforts are helping state and local agencies make the
transition to MOVES2010a, and many agencies are making significant
progress in applying the model for official purposes. However, other
state and local agencies are still developing the technical capacity to
use MOVES2010a, and need more time to transition to the model and then
evaluate whether SIPs and their motor vehicle emissions budgets, or
transportation plans and TIPs, should be revised for future conformity
determinations.
---------------------------------------------------------------------------

    \4\ To date, EPA and DOT staff have provided a 2-day hands-on
MOVES course for regional emissions inventories (including regional
conformity analyses) at over 30 locations around the country.
---------------------------------------------------------------------------

C. Why is EPA conducting this rulemaking?

    Today's action provides additional time that is critical for
nonattainment and maintenance areas to learn and apply MOVES2010a for
regional conformity analyses.\5\ EPA has been contacted by several
state and local transportation and air quality agencies and
associations that are concerned that there has not been sufficient
transition time for using MOVES2010a in regional conformity analyses.
These concerns revolve around the time needed to build technical
capacity for using MOVES2010a as well as completing necessary SIP and/
or transportation plan/TIP changes to assure conformity in the future.
Further details on today's action are provided below.
---------------------------------------------------------------------------

    \5\ MPOs conduct regional conformity analyses to demonstrate
that transportation plans and TIPs are consistent with the air
quality purposes of the SIP. Regional conformity analyses are also
conducted in ``isolated rural nonattainment and maintenance areas''
(defined by 40 CFR 93.101).
---------------------------------------------------------------------------

    Today's action does not affect EPA's previous approval of
MOVES2010a for official SIP submissions developed outside of
California.\6\ Today's rulemaking also does not affect the existing
grace period before MOVES2010a is required for PM2.5,
PM10, and CO hot-spot analyses for project-level conformity
determinations (75 FR 79370). EPA coordinated closely with DOT in
developing today's action, and DOT concurs on this direct final rule.
---------------------------------------------------------------------------

    \6\ MOVES is not approved for use in California. EPA approved
and announced the latest version of California's EMFAC model
(EMFAC2007) for SIP development and regional conformity analyses in
that state on January 18, 2008 (73 FR 3464).
---------------------------------------------------------------------------

III. Extension of MOVES2010a Regional Conformity Grace Period

A. Background

    CAA section 176(c)(1) states that ``* * * [t]he determination of
conformity shall be based on the most recent estimates of emissions,
and such estimates shall be determined from the most recent population,
employment, travel, and congestion estimates * * *.'' To meet this
requirement, section 93.111 of the conformity rule requires that
conformity determinations be based on the latest motor vehicle
emissions model approved by EPA. When EPA approves a new emissions
model, EPA consults with DOT to establish a grace period before the
model is required for conformity analyses (40 CFR 93.111(b)). EPA must
consider many factors when establishing a grace period for conformity
determinations (40 CFR 93.111(b)(2)). The length of the grace period
will depend on the degree of change in the model and the scope of re-
planning likely to be necessary for MPOs in order to assure conformity.
The conformity rule provides for a grace period for new emissions
models of between three and 24 months (40 CFR 93.111(b)(1)).
    In the preamble to the original 1993 conformity rule, EPA
articulated its intentions for establishing the length of conformity
grace period for a new emissions model (58 FR 62211):

    ``EPA and DOT will consider extending the grace period if the
effects of the new emissions model are so significant that previous
SIP demonstrations of what emission levels are consistent with
attainment would be substantially affected. In such cases, states
should have an opportunity to revise their SIPs before MPOs must use
the model's new emissions factors.

EPA encourages all agencies to inform EPA of the impacts of new
emissions models in their area, and EPA may pause to seek such input
before determining the length of the grace period.''

Section 93.111 conformity requirements have not changed since 1993, and
have been implemented successfully for many previous model transitions.
    On March 2, 2010, EPA announced the official release of MOVES2010
and established a two-year grace period before this model was required
for new regional conformity analyses (75 FR 9411). Although the
original grace period was established for MOVES2010, EPA clarified in
September 2010 that the same grace period for regional conformity
analyses also applies to MOVES2010a.\7\ EPA based its decision to
establish a two-year conformity grace period on the factors under
section 93.111(b)(2), and advised areas to use the interagency
consultation process to examine the impact of using MOVES in their
future regional conformity analyses.
---------------------------------------------------------------------------

    \7\ See ``EPA Releases MOVES2010a Mobile Source Emissions Model
Update: Questions and Answers'' (EPA-420-F-10-050, August 2010) at:
http://www.epa.gov/otaq/models/moves/MOVES2010a/420f10050.pdf.
---------------------------------------------------------------------------

    Without further EPA action, MOVES2010a would be required for
regional conformity analyses that begin after March 2, 2012. As
discussed further in today's action, the special circumstances of the
transition from MOBILE to MOVES2010a require a reevaluation of the
length of this conformity grace period.

B. Description of Direct Final Rule

    In today's action, EPA is providing an additional year before
MOVES2010a is required for regional conformity analyses. As a result,
EPA is also announcing in today's Federal Register that MOVES2010a will
be required for new regional conformity analyses that begin after March
2, 2013. State and local agencies outside California can use MOVES2010a
for regional conformity analyses earlier than March 2, 2013, if
desired, and would be required to do so under limited circumstances
such as after MOVES2010a SIP motor vehicle emissions budgets have been
found adequate or approved for conformity purposes.
    Due to the unique circumstances presented by the transition from
MOBILE6.2 to MOVES2010a, today's action adds a new paragraph (b)(3) to
section 93.111 of the conformity rule. Today's final rule only applies
to MOVES2010a and any future minor revisions to this model that EPA
releases before March 2, 2013. Such minor revisions will not start a
new grace period for regional conformity analyses and could include
performance enhancements that reduce MOVES run time or model
improvements to reduce errors in operating the model. Any major model
updates would be evaluated separately as a ``new model'' under
conformity rule section 93.111, pursuant to previously established
requirements.
    Between now and the end of the extended conformity grace period
(March 2, 2013), areas should use the interagency consultation process
to examine how MOVES2010a will impact their future MPO transportation
plan/TIP conformity determinations. Isolated rural areas should also
consider the impact of using MOVES2010a on future regional conformity
analyses. Agencies should carefully consider whether the SIP and its
motor vehicle emissions budgets should be revised with MOVES2010a or if
transportation plans and TIPs should be revised before the end of the
conformity grace period, since doing so may be necessary to ensure
conformity in the future.
    In general, regional conformity analyses that are started during
the grace period can use either MOBILE6.2 or MOVES2010a. When the grace
period ends on March 2, 2013, MOVES2010a will become the only approved
motor vehicle emissions model for regional conformity analyses outside
California. This means that all new regional conformity analyses
started after the end of the grace period must be based on MOVES2010a,
even if the SIP is based on MOBILE6.2 or earlier versions of MOBILE.
    If you have questions about which model should be used in your
conformity determination, you can consult with your EPA Regional
Office. For complete explanations of how MOVES2010a is to be
implemented for transportation conformity, including details about
using MOVES2010a during the grace period, refer to EPA's existing MOVES
policy guidance.\8\
---------------------------------------------------------------------------

    \8\ ``Policy Guidance on the Use of MOVES2010 for State
Implementation Plan Development, Transportation Conformity, and
Other Purposes'' (EPA-420-B-09-046, December 2009) can be found on
the EPA's transportation conformity Web site at: http://www.epa.gov/otaq/stateresources/transconf/policy.htm.
---------------------------------------------------------------------------

C. Rationale

    MOVES2010a is EPA's best tool for estimating criteria pollutant
emissions, and it is a significant improvement over previous MOBILE
models. State and local agencies have made significant progress to date
in using MOVES2010a, and EPA supports these efforts and encourages that
they continue. However, as discussed above, challenges related to
start-up and model application have been much greater in the transition
to MOVES2010a, compared to past transitions between MOBILE model
versions. As a result, EPA has determined that a one-year extension of
the MOVES2010a grace period is necessary for state and local agencies
to complete the current transition. Today's action ensures that state
and local governments have the necessary time to implement the
conformity rule as originally intended.
    Since 1993, the fundamental purpose of section 93.111(b) of the
conformity rule has been to provide a sufficient amount of time for
MPOs and other state and local agencies to adapt to using new emissions
tools. As discussed above, the transition to a new emissions model for
conformity involves more than learning to use the new model and
preparing input data and model output. After model start-up is
complete, state and local agencies also need to consider how the model
affects regional conformity analysis results and whether SIP and/or
transportation plan/TIP changes are necessary to assure future
conformity determinations. EPA believes that this one-time extension of
the current MOVES2010a regional grace period is critical to assure
future conformity determinations based on MOVES2010a.
    EPA has the discretion to establish an extended grace period for
MOVES2010a, and today's action is consistent with CAA section 176(c)(1)
requirements. EPA believes that providing one additional year is
appropriate due to this unique transition from MOBILE6.2 to MOVES2010a.
This decision is consistent with the existing conformity criteria in
section 93.111(b)(2) of the conformity rule that requires the length of
the grace period to be based on ``the degree of change in the model and
the scope of re-planning likely to be necessary by MPOs in order to
assure conformity.''
    Today's action does not delay the use of MOVES2010a in SIP
development or slow down past progress toward using the new model for
regional conformity analyses. As noted above, many state and local
agencies are already learning and applying MOVES2010a. Some are
revising existing SIP budgets using the new model, while others may be
incorporating MOVES2010a into new maintenance plans or clean data
determinations. Under EPA's existing MOVES policy guidance, new or
revised SIP budgets must still be based on MOVES2010a. For example,
MOVES2010a continues to be required for attainment SIPs for the 2006
24-hour

PM2.5 NAAQS. MOVES2010a is also required for any regional
conformity analyses prior to March 2, 2013 if SIP budgets based on
MOVES2010 or MOVES2010a are approved or found adequate sooner.\9\
---------------------------------------------------------------------------

    \9\ See Questions 5, 6, and 11 of ``Policy Guidance on the Use
of MOVES2010 for State Implementation Plan Development,
Transportation Conformity, and Other Purposes'' (EPA-420-B-09-046,
December 2009).
---------------------------------------------------------------------------

    In addition, today's action does not change the current MOVES2010a
grace period for new PM2.5, PM10, and CO hot-spot
analyses for project-level conformity determinations. EPA noted
previously that a two-year conformity grace period was necessary to
apply MOVES2010a for hot-spot analyses (75 FR 79370). However, the
transition to MOVES2010a for project-level hot-spot analyses does not
involve the complexity associated with the regional level, where SIP
budgets and/or transportation plans/TIPs may need to be revised before
regional conformity analyses based on MOVES2010a can be completed.
    Finally, in issuing this rule, EPA is not proceeding pursuant to or
reopening as a general matter the process and length of conformity
grace periods for future emissions model approvals, which were
previously established in 1993 (58 FR 62211). The unique set of
circumstances involved in the current transition warrants additional
state and local flexibility before MOVES2010a is required for regional
conformity analyses.

IV. Conformity SIPs

    The MOVES2010a regional grace period extension applies on the
effective date of today's direct final rule in all nonattainment and
maintenance areas. Section 51.390(a) of the conformity rule states that
the Federal rule applies for the portion of the requirements that are
not included in a state's approved conformity SIP.\10\ Section
51.390(b) further allows state conformity provisions to contain
criteria and procedures that are more stringent than the Federal
requirements. However, in the case of states with conformity SIPs that
include the grace period provision in 40 CFR 93.111(b)(1), EPA
concludes that such states did not intend to require a shorter grace
period than EPA, in consultation with DOT, believes is needed.
Therefore, since the MOVES2010a grace period extension is a new
provision being added to the conformity rule, it is not included in any
current state conformity SIP and therefore applies immediately in all
areas pursuant to section 51.390(a).
---------------------------------------------------------------------------

    \10\ A conformity SIP is required by the CAA and contains a
state's conformity requirements, including the state's specific
interagency consultation procedures.
---------------------------------------------------------------------------

    In addition, section 51.390(c) of the conformity rule requires
states to submit a new or revised conformity SIP to EPA within 12
months of the Federal Register publication date of any final conformity
amendments for certain situations. States with approved conformity SIPs
that are prepared in accordance with current CAA requirements are not
required to submit new conformity SIP revisions, since section 93.111
of the conformity rule is not contained in these SIPs. A conformity SIP
prepared in accordance with current CAA requirements contains only the
state's criteria and procedures for interagency consultation (40 CFR
93.105) and two additional provisions related to written commitments
for certain control and mitigation measures (40 CFR 93.122(a)(4)(ii)
and 93.125(c)). However, states with approved conformity SIPs that
include section 93.111 from a previous rulemaking are required to
submit a SIP revision by October 12, 2012, although EPA strongly
encourages these states to submit a SIP revision with only the three
required provisions.\11\ A state without an approved conformity SIP is
not required to submit a new conformity SIP within one year of today's
action, but previous conformity SIP deadlines continue to apply.
---------------------------------------------------------------------------

    \11\ The conformity SIP may contain provisions more stringent
than the Federal requirements, and in these cases, states would
specify this intention in its original conformity SIP submission.
---------------------------------------------------------------------------

    For additional information on conformity SIPs, please refer to the
January 2009 guidance entitled, ``Guidance for Developing
Transportation Conformity State Implementation Plans'' available on
EPA's Web site at: http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735; October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and 13563 (76 FR 3821; January 21, 2011) and any
changes made in response to OMB recommendations have been documented in
the docket for this action.
    Under Executive Order 12866, this action is a ``significant
regulatory action.'' Accordingly, EPA submitted this action to the
Office of Management and Budget (OMB) for review under EO 12866 and
13563 and any changes made in response to OMB recommendations have been
documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The information collection requirements of EPA's existing
transportation conformity regulations and the revisions in today's
action are already covered by EPA information collection request (ICR)
entitled, ``Transportation Conformity Determinations for Federally
Funded and Approved Transportation Plans, Programs and Projects.'' OMB
has previously approved the information collection requirements
contained in the existing regulations at 40 CFR Part 93 under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0561. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR Part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of rules subject to
notice-and-comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit organizations and small government jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
regulation directly affects Federal agencies and MPOs that, by
definition, are designated under Federal

transportation laws only for metropolitan areas with a population of at
least 50,000. These organizations do not constitute small entities
within the meaning of the RFA. Therefore, this rule will not impose any
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This rule merely implements already established law that imposes
conformity requirements and does not itself impose requirements that
may result in expenditures of $100 million or more in any year. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule will not
significantly or uniquely impact small governments because it directly
affects Federal agencies and MPOs that, by definition, are designated
under Federal transportation laws only for metropolitan areas with a
population of at least 50,000.

E. Executive Order 13132: Federalism

    This rule does not have federalism implications. It will not have
substantial direct effects on states, on the relationship between the
national government and states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. The CAA requires conformity to apply in
certain nonattainment and maintenance areas as a matter of law, and
today's action merely revises one provision for transportation planning
entities in subject areas to follow in meeting their existing statutory
obligations. Thus, EO 13132 does not apply to this 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 (65 FR 67249, November 9, 2000). The CAA requires
transportation conformity to apply in any area that is designated
nonattainment or maintenance by EPA. Because today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments, EO 13175 does not apply to this action.

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

    This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in EO 12866, and because the Agency does not believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 18355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. It does not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency regarding energy. This action is not subject to EO 13211
because it does not have any adverse energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., material specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rule does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations. The final rule involves a minor revision that
provides administrative relief but does not change the conformity
rule's underlying requirements for regional conformity analyses.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a major rule as defined by 5 U.S.C.
804(2). This rule will be effective November 14, 2011.

List of Subjects in 40 CFR Part 93

    Administrative practice and procedure, Air pollution control,
Carbon monoxide, Clean Air Act, Environmental protection, Highways and
roads, Intergovernmental relations, Mass transportation, Nitrogen
dioxide, Ozone, Particulate matter, Transportation, Volatile organic
compounds.

    Dated: October 4, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons discussed in the preamble, 40 CFR Part 93 is
amended as follows:

PART 93--[AMENDED]

0
1. The authority citation for Part 93 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
2. Section 93.111 is amended by adding paragraph (b)(3) to read as
follows:

Sec.  93.111  Criteria and procedures: Latest emissions model.

* * * * *
    (b) * * *

    (3) Notwithstanding paragraph (b)(1) of this section, the grace
period for using the MOVES2010a emissions model (and minor model
revisions) for regional emissions analyses will end on March 2, 2013.
* * * * *
[FR Doc. 2011-26347 Filed 10-12-11; 8:45 am]
BILLING CODE 6560-50-P