51950 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations 

1The reader may refer to the Notice of Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

with the Governors of North and South 

Carolina. 

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

Dated: August 11, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–20989 Filed 8–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2010–0442; A–1–FRL– 

9167–7] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an update 

to a portion of the Outer Continental 

Shelf (‘‘OCS’’) Air Regulations. 

Requirements applying to OCS sources 

located within 25 miles of States’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (‘‘COA’’), as mandated by 

the Clean Air Act (‘‘the Act’’). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources in the 

Commonwealth of Massachusetts. The 

intended effect of approving the OCS 

requirements for the Commonwealth of 

Massachusetts is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. The change 

to the existing requirements discussed 

below is incorporated by reference into 

the Code of Federal Regulations and is 

listed in the appendix to the OCS air 

regulations. 

DATES: This direct final rule will be 

effective October 25, 2010, unless EPA 

receives adverse comments by 

September 23, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in this rule is approved by the Director 

of the Federal Register as of October 25, 

2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0442 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0442’’, 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics and 

Indoor Air Unit, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Air Unit, Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0442. 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, Boston, MA. 

EPA requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1653, fax number 

(617) 918–0653, e-mail 

mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. EPA’s Evaluation 

III. EPA’s Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from Outer Continental Shelf 

(OCS) sources in order to attain and 

maintain federal and state ambient air 

quality standards and to comply with 

the provisions of part C of title I of the 

Act. Part 55 applies to all OCS sources 

offshore of the States except those 

located in the Gulf of Mexico west of 

87.5 degrees longitude. Section 328 of 


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2The reader may refer to the preamble to that 

final consistency update and to the preamble to the 

February 27, 2008 proposed consistency update (73 

FR 10406) for background, including EPA’s 

interpretation of certain Massachusetts regulations 

as applied to OCS sources. Those interpretations 

continue to apply. 

3Each COA that has been delegated the authority 

to implement and enforce part 55 will use its 

administrative and procedural rules as onshore. 

However, in those instances where EPA has not 

delegated authority to implement and enforce part 

55, as in Massachusetts, EPA will use its own 

administrative and procedural requirements to 

implement the substantive requirements. See 40 

CFR 55.14(c)(4). Regarding fees, see 40 CFR 55.10. 

the Act requires that for such sources 

located within 25 miles of a State’s 

seaward boundary, the requirements 

shall be the same as would be 

applicable if the sources were located in 

the corresponding onshore area (COA). 

Because the OCS requirements are based 

on onshore requirements, and onshore 

requirements may change, section 

328(a)(1) requires that EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

Pursuant to § 55.12 of the OCS rule, 

consistency reviews will occur (1) at 

least annually; (2) upon receipt of a 

Notice of Intent under § 55.4; or (3) 

when a state or local agency submits a 

rule to EPA to be considered for 

incorporation by reference in part 55. 

This proposed action is being taken as 

a result of EPA’s annual review of the 

Commonwealth of Massachusetts 

regulations. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of States’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s state implementation plan 

(‘‘SIP’’) guidance or certain requirements 

of the Act. 

Consistency updates may result in the 

inclusion of state or local rules or 

regulations into part 55, even though the 

same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

On September 17, 2008 (73 FR 53718), 

EPA finalized a consistency update of 

the OCS regulations pertaining to the 

requirements of the OCS sources in the 

Commonwealth of Massachusetts.2 After 

EPA’s September 17, 2008 updates to 40 

CFR part 55, the Commonwealth of 

Massachusetts adopted regulation 

changes to 310 Code of Massachusetts 

Regulations (CMR) 4.00: Timely Action 

Schedule and Fee Provisions, 310 CMR 

6.00: Ambient Air Quality Standards for 

the Commonwealth of Massachusetts, 

310 CMR 7.00: Air Pollution Control, 

and 310 CMR 8:00: The Prevention and/ 

or Abatement of Air Pollution Episode 

and Air Pollution Incident Emergencies. 

II. EPA’s Evaluation 

In updating 40 CFR part 55, EPA 

reviewed the state rules for inclusion in 

part 55 to ensure that they are rationally 

related to the attainment or maintenance 

of federal or state ambient air quality 

standards or part C of title I of the Act, 

that they are not designed expressly to 

prevent exploration and development of 

the OCS and that they are applicable to 

OCS sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure they are 

not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules,3 and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of federal and state 

ambient air quality standards. 

III. EPA’s Action 

EPA is taking direct final action to 

incorporate applicable provisions of 310 

Code of Massachusetts Regulations 

(CMR) 4.00: Timely Action Schedule 

and Fee Provisions, 310 CMR 6.00: 

Ambient Air Quality Standards for the 

Commonwealth of Massachusetts, 310 

CMR 7.00: Air Pollution Control, and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies, as 

amended through May 20, 2010. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to update the OCS regulations 

should relevant adverse comments be 

filed. This rule will be effective October 

25, 2010 without further notice unless 

the Agency receives relevant adverse 

comments by September 23, 2010. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on October 25, 2010 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of any policy discretion by 

EPA. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., an agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

OMB has approved the information 

collection requirements contained in 40 

CFR part 55 and, by extension, this 

update to the rules, and has assigned 

OMB control number 2060–0249. Notice 

of OMB’s approval of EPA Information 

Collection Request (‘‘ICR’’) No. 1601.07 

was published in the Federal Register 

on February 17, 2009 (74 FR 7432). The 

approval expires January 31, 2012. As 

EPA previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response using 

the definition of burden provided in 44 

U.S.C. 3502(2). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 25, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continental Shelf, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: June 8, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

■ Title 40, chapter I of the Code of 

Federal Regulations, is amended as 

follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Act (42 

U.S.C. 7401, et seq.) as amended by Public 

Law 101–549. 

■ 2. Section 55.14 is amended by 

revising paragraphs (e) introductory text 

and (e)(11)(i)(A) to read as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) State and local requirements. State 

and local requirements promulgated by 

EPA as applicable to OCS sources 

located within 25 miles of States’ 

seaward boundaries have been compiled 

into separate documents organized by 

State and local areas of jurisdiction. 

These documents, set forth below, are 

incorporated by reference. This 

incorporation by reference was 

approved by the Director of the Federal 

Register Office in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Copies 

may be inspected at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to: http:// 

www.archives.gov/federal_register/code 

_of_federal_regulations/ 

ibr_locations.html. 

Copies of rules pertaining to 

particular states or local areas may be 

inspected or obtained from the EPA 

Docket Center—Public Reading Room, 

EPA West Building, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004 or the appropriate EPA 

regional offices: U.S.EPA, Region 1 

(Massachusetts) 5 Post Office Square, 

Boston, MA 02109–3912 ; U.S. EPA, 

Region 2 (New Jersey and New York), 

290 Broadway, New York, NY 10007– 

1866; U.S. EPA, Region III (Delaware), 

1650 Arch Street, Philadelphia, PA 

19103, (215) 814–5000; U.S. EPA, 

Region 4 (Florida and North Carolina), 

61 Forsyth Street, Atlanta, GA 30303; 

U.S. EPA, Region 9 (California), 75 

Hawthorne Street, San Francisco, CA 

94105; and U.S. EPA, Region 10 

(Alaska), 1200 Sixth Avenue, Seattle, 

WA 98101. For an informational listing 

of the State and local requirements 

incorporated into this part, which are 

applicable to sources of air pollution 

located on the OCS, see appendix A to 

this part. 

* * * * * 

(11) * * * 

(i) * * * 

(A) Commonwealth of Massachusetts 

Requirements Applicable to OCS 

Sources, May 20, 2010. 

* * * * * 

■ 3. Appendix A to Part 55 is amended 

under ‘‘Massachusetts’’ by revising 

paragraph (a)(1) to read as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, By State 

* * * * * 

Massachusetts 

(a) * * * 

(1) The following Commonwealth of 

Massachusetts requirements are applicable to 

OCS Sources, May 20, 2010, Commonwealth 

of Massachusetts—Department of 

Environmental Protection. 

The following sections of 310 CMR 4.00, 

310 CMR 6.00, 310 CMR 7.00 and 310 CMR 

8.00: 

310 CMR 4.00: Timely Action Schedule 

and Fee Provisions 

Section 4.01: Purpose, Authority and 

General Provisions (Effective 9/4/2009) 

Section 4.02: Definitions (Effective 9/4/ 

2009) 

Section 4.03: Annual Compliance 

Assurance Fee (Effective 9/4/2009) 

Section 4.04: Permit Application Schedules 

and Fee (Effective 9/4/2009) 


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Section 4.10: Appendix: Schedules for 

Timely Action and Permit Application 

Fees (Effective 9/4/2009) 

310 CMR 6.00: Ambient Air Quality 

Standards for the Commonwealth of 

Massachusetts 

Section 6.01: Definitions (Effective 4/2/ 

2010) 

Section 6.02: Scope (Effective 4/2/2010) 

Section 6.03: Reference Conditions 

(Effective 4/2/2010) 

Section 6.04: Standards (Effective 4/2/2010) 

310 CMR 7.00: Air Pollution Control 

Section 7.00: Statutory Authority; Legend; 

Preamble; Definitions (Effective 4/2/2010) 

Section 7.01: General Regulations to 

Prevent Air Pollution (Effective 4/2/2010) 

Section 7.02: U Plan Approval and 

Emission Limitations (Effective 4/2/2010) 

Section 7.03: U Plan Approval Exemptions: 

Construction Requirements (Effective 4/2/ 

2010) 

Section 7.04: U Fossil Fuel Utilization 

Facilities (Effective 4/2/2010) 

Section 7.05: U Fuels All Districts (Effective 

4/2/2010) 

Section 7.06: U Visible Emissions (Effective 

4/2/2010) 

Section 7.07: U Open Burning (Effective 4/ 

2/2010) 

Section 7.08: U Incinerators (Effective 4/2/ 

2010) 

Section 7.09: U Dust, Odor, Construction 

and Demolition (Effective 4/2/2010) 

Section 7.11: U Transportation Media 

(Effective 4/2/2010) 

Section 7.12: U Source Registration 

(Effective 4/2/2010) 

Section 7.13: U Stack Testing (Effective 4/ 

2/2010) 

Section 7.14: U Monitoring Devices and 

Reports (Effective 4/2/2010) 

Section 7.15: U Asbestos (Effective 4/2/ 

2010) 

Section 7.18: U Volatile and Halogenated 

Organic Compounds (Effective 4/2/2010) 

Section 7.19: U Reasonably Available 

Control Technology (RACT) for Sources of 

Oxides of Nitrogen (NOX) (Effective 4/2/ 

2010) 

Section 7.21: Sulfur Dioxide Emissions 

Limitations (Effective 4/2/2010) 

Section 7.22: Sulfur Dioxide Emissions 

Reductions for the Purpose of Reducing 

Acid Rain (Effective 4/2/2010) 

Section 7.24: U Organic Material Storage 

and Distribution (Effective 4/2/2010) 

Section 7.25: U Best Available Controls for 

Consumer and Commercial Products 

(Effective 4/2/2010) 

Section 7.26: Industry Performance 

Standards (Effective 4/2/2010) 

Section 7.32: Massachusetts Clean Air 

Interstate Rule (Mass CAIR) (Effective 4/2/ 

2010) 

Section 7.60: U Severability (Effective 4/2/ 

2010) 

Section 7.70: Massachusetts CO2 Budget 

Trading Program (Effective 4/2/2010) 

Section 7.71: Reporting of Greenhouse Gas 

Emissions (Effective 4/2/2010) 

Section 7.00: Appendix A (Effective 4/2/ 

2010) 

Section 7.00: Appendix B (Effective 4/2/ 

2010) 

Section 7.00: Appendix C (Effective 4/2/ 

2010) 

310 CMR 8.00: The Prevention and/or 

Abatement of Air Pollution Episode and Air 

Pollution Incident Emergencies 

Section 8.01: Introduction (Effective 4/2/ 

2010) 

Section 8.02: Definitions (Effective 4/2/ 

2010) 

Section 8.03: Air Pollution Episode Criteria 

(Effective 4/2/2010) 

Section 8.04: Air Pollution Episode 

Potential Advisories (Effective 4/2/2010) 

Section 8.05: Declaration of Air Pollution 

Episodes and Incidents (Effective 4/2/2010) 

Section 8.06: Termination of Air Pollution 

Episodes and Incident Emergencies 

(Effective 4/2/2010) 

Section 8.07: Emission Reductions 

Strategies (Effective 4/2/2010) 

Section 8.08: Emission Reduction Plans 

(Effective 4/2/2010) 

Section 8.15: Air Pollution Incident 

Emergency (Effective 4/2/2010) 

Section 8.30: Severability (Effective 4/2/ 

2010) 

* * * * * 

[FR Doc. 2010–20710 Filed 8–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 830 

Notification and Reporting of Aircraft 

Accidents or Incidents and Overdue 

Aircraft, and Preservation of Aircraft 

Wreckage, Mail, Cargo, and Records 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Final rule. 

SUMMARY: The NTSB is amending its 

regulations on the notification and 

reporting of aircraft accidents or 

incidents by adding a definition of 

‘‘unmanned aircraft accident’’ and 

requiring that operators notify the NTSB 

of accidents involving such aircraft. 

(Unmanned aircraft are often also called 

remotely piloted vehicles.) 

DATES: This final rule will become 

effective October 25, 2010. 

ADDRESSES: A copy of the notice of 

proposed rulemaking (NPRM), 

published in the Federal Register (FR), 

is available for inspection and copying 

in the NTSB’s public reading room, 

located at 490 L’Enfant Plaza, SW., 

Washington, DC 20594–2000. 

Alternatively, a copy of the NPRM is 

available on the NTSB’s Web site at 

http://www.ntsb.gov and at the 

government-wide Web site on 

regulations at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

William English, Office of Aviation 

Safety, (202) 314–6686. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On March 31, 2008, the NTSB 

published an NPRM entitled, 

‘‘Notification and Reporting of Aircraft 

Accidents or Incidents and Overdue 

Aircraft, and Preservation of Aircraft 

Wreckage, Mail, Cargo, and Records,’’ in 

the Federal Register (73 FR 16826). This 

NPRM proposed the addition of a new 

definition of ‘‘unmanned aircraft 

accident’’ to the section of the NTSB’s 

regulations concerning notification of 

aircraft accidents and incidents (49 CFR 

830.2) to clarify the applicability of 

these regulations to unmanned aircraft 

systems (UAS). The proposed definition 

stated, ‘‘Unmanned aircraft accident 

means an occurrence associated with 

the operation of a public or civil 

unmanned aircraft that takes place 

between the time that the aircraft is 

activated with the purpose of flight and 

the time that the aircraft is deactivated 

at the conclusion of its mission, in 

which any person suffers death or 

serious injury, or in which the aircraft 

receives substantial damage.’’ The 

NPRM also proposed the addition of the 

following sentence to the NTSB’s 

existing definition of aircraft accident: 

‘‘For purposes of this part, the definition 

of ‘aircraft accident’ includes 

‘unmanned aircraft accident,’ as defined 

herein.’’ Together, these proposed 

additions would require that the NTSB 

be notified of unmanned aircraft 

accidents as defined in the NPRM. The 

NTSB requested comments on the 

NPRM by June 30, 2008, but 

subsequently reopened the comment 

period for the NPRM and accepted all 

comments submitted by September 30, 

2008. 

The NTSB analyzed the potential 

application of the Regulatory Flexibility 

Act (5 United States Code [U.S.C.] 601– 

612) to this rule. Before publishing the 

NPRM, the NTSB considered whether 

this rule would have a significant 

economic impact on a substantial 

number of small entities, and it certified 

under 5 U.S.C. 605(b) that this rule 

would not have such an impact. The 

NTSB notes that this rule will require 

affected persons to notify the NTSB of 

applicable UAS accidents by the most 

expeditious means available as 

described in 49 CFR 830.5 and, in some 

cases, to complete NTSB Form 6120.1, 

‘‘Pilot/Operator Accident/Incident 

Report,’’ as described in 49 CFR 830.15, 

within 10 days after an applicable UAS 

accident. Any cost for an individual to 


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