67764 Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 

Costs of Compliance 

We estimate that this AD will affect 

151 engines installed on airplanes of 

U.S. registry. We estimate that no 

additional labor costs will be incurred 

to perform the required work as the 

work is done when the 3rd stage LPT 

duct segments are at piece-part 

exposure. The average labor rate is $85 

per work-hour. Required parts will cost 

about $44,441 per engine. Based on 

these figures, we estimate the total cost 

of the AD to U.S. operators will be 

$6,710,591. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2012–22–16 Pratt & Whitney Division: 

Amendment 39–17253 ; Docket No. 

FAA–2012–0546; Directorate Identifier 

2012–NE–15–AD. 

(a) Effective Date 

This AD is effective December 19, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Pratt & Whitney 

Division PW4050, PW4052, PW4056, 

PW4060, PW4060A, PW4060C, PW4062, 

PW4062A, PW4152, PW4156, PW4156A, 

PW4158, PW4160, PW4460, PW4462, and 

PW4650 turbofan engines, including models 

with any dash number suffix, with 3rd stage 

low-pressure turbine (LPT) duct segments 

part numbers (P/Ns) 50N095; 50N095–001; 

50N235; 50N235–001; 50N494–01; 50N494– 

001; 50N495–01; or 50N495–001, installed. 

(d) Unsafe Condition 

This AD was prompted by 16 reports of 

damaged or failed 3rd stage LPT duct 

segments. We are issuing this AD to prevent 

failure of the 3rd stage LPT duct segments, 

which could lead to LPT rotor damage, 

uncontained engine failure, and damage to 

the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(f) 3rd Stage LPT Duct Segments Removal 

from Service 

At the next piece-part exposure after the 

effective date of this AD, remove from service 

3rd stage LPT duct segments, P/Ns 50N095; 

50N095–001; 50N235; 50N235–001; 50N494– 

01; 50N494–001; 50N495–01; and 50N495– 

001. 

(g) Installation Prohibition 

After the effective date of this AD, do not 

install into any engine any 3rd stage LPT 

duct segment, P/N 50N095; 50N095–001; 

50N235; 50N235–001; 50N494–01; 50N494– 

001; 50N495–01; or 50N495–001, that is at 

piece-part exposure. 

(h) Definition 

For the purpose of this AD, piece-part 

exposure is when the 3rd stage LPT duct 

segment is removed from the engine and 

completely disassembled. 

(i) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(j) Related Information 

(1) For more information about this AD, 

contact James Gray, Aerospace Engineer, 

Engine & Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7742; fax: 781–238– 

7199; email: james.e.gray@faa.gov. 

(2) Pratt & Whitney Engine-Duct Segment, 

Third Stage LPT Assembly Service Bulletin 

No. PW4ENG 72–488 is related to this AD. 

(3) For service information identified in 

this AD, contact Pratt & Whitney, 400 Main 

St., East Hartford, CT 06108; phone: 860– 

565–8770; fax: 860–565–4503. You may 

review copies of the service information at 

the FAA, Engine & Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(k) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

October 29, 2012. 

Colleen M. D’Allessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–27168 Filed 11–13–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1181; Directorate 

Identifier 2003–CE–030–AD; Amendment 

39–17249; AD 2003–17–03 R1] 

RIN 2120–AA64 

Airworthiness Directives; PIAGGIO 

AERO INDUSTRIES S.p.A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are revising an existing 

airworthiness directive (AD) for certain 

Piaggio Aero Industries S.p.A. Model P– 

180 airplanes. That AD currently 

requires replacement of any firewall 

shutoff or crossfeed valve with a serial 

number in a certain range even if it has 

been previously modified. The way the 

applicability was written includes 

valves that should not be affected and 

are not included in the referenced 

service information. This AD requires 


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Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 67765 

the same actions as the current AD, but 

only affects those firewall shutoff valves 

referenced in the referenced service 

information. We are issuing this AD to 

clarify the affected parts required to 

correct the unsafe condition on these 

products. 

DATES: This AD is effective November 

14, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of September 3, 2003 (68 FR 

50693, August 22, 2003). 

We must receive any comments on 

this AD by December 31, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Piaggio Aero Industries 

S.p.A—Airworthiness Office, Via Luigi 

Cibrario, 4–16154 Genova-Italy; phone: 

+39 010 6481353; fax: +39 010 6481881; 

email: airworthiness@piaggioaero.it; 

Internet: http://www.piaggioaero.com/#/ 

en/aftersales/service-support. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090; email: mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 12, 2003, we issued AD 

2003–17–03, amendment 39–13277 (68 

FR 50693, August 22, 2003), for certain 

Piaggio Aero Industries S.p.A. Model P– 

180 airplanes. That AD requires 

inspection and determination of 

whether any firewall shutoff or 

crossfeed valve with a serial number in 

a certain range is installed and requires 

replacement or modifications of any 

valve that has a serial number within 

this range. This AD allows the pilot to 

check the logbook and does not require 

the inspection and replacement 

requirement if the check shows that one 

of these valves is definitely not 

installed. 

That AD resulted from a ground fire 

on the left-hand engine nacelle of one of 

the affected airplanes caused by a 

cracked firewall crossfeed valve that 

had leaked fuel. This airplane model is 

manufactured in Italy and is type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations. The Ente Nazionale per 

l’Aviazione Civile (ENAC), which is the 

airworthiness authority for Italy, issued 

Italian RAI–AD 2003–119, dated April 

3, 2003, in order to ensure the 

continued airworthiness of these 

airplanes in Italy. 

We issued that AD to prevent a faulty 

firewall shutoff or crossfeed valve from 

developing cracks and leaking fuel, 

which could result in an engine fire. 

Actions Since AD Was Issued 

Since we issued AD 2003–17–03 (68 

FR 50693, August 22, 2003), we learned 

that the way the applicability was 

written includes valves that should not 

be affected and are not included in 

PIAGGIO Aero Industries S.p.A. Service 

Bulletin No. ASB80–0191, dated 

February 27, 2003. 

Relevant Service Information 

We reviewed PIAGGIO Aero 

Industries S.p.A. Service Bulletin (SB) 

No. ASB80–0191, dated February 27, 

2003; and Electromech Technologies SB 

484–3 AB, dated February 18, 2003. The 

service information describes 

procedures for replacing/modifying the 

firewall and crossfeed valves. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires the same actions as 

AD 2003–17–03 (68 FR 50693, August 

22, 2003), but only affects those firewall 

shutoff and crossfeed valves referenced 

in PIAGGIO Aero Industries S.p.A. SB 

No. ASB80–0191, dated February 27, 

2003. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because the current AD includes 

firewall shutoff and crossfeed valves 

that should not be affected by the 

required actions. Therefore, we find that 

notice and opportunity for prior public 

comment are unnecessary and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2012–1181 and directorate 

identifier 2003–CE–030–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 102 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 


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67766 Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Determination/Inspection ................... .5 work-hours × $85 per hour = 

$42.50.

N/A .................................................... $42.50 $4,335 

We estimate the following costs to do 

any necessary replacements/ 

modifications that would be required 

based on the results of the 

determination. We have no way of 

determining the number of aircraft that 

might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Replacement of affected firewall shutoff and crossfeed 

valves.

29 work-hours × $85 per hour = 

$2,465.

$4,482 ......................................... $6,947 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends part 39 of the Federal 

Aviation Regulations (14 CFR part 39) as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2003–17–03, Amendment 39–13277 (68 

FR 50693, August 22, 2003), and adding 

the following new AD: 

2003–17–03 R1 PIAGGIO AERO 

INDUSTRIES S.p.A: Amendment 39– 

17249; Docket No. FAA–2012–1181; 

Directorate Identifier 2003–CE–030–AD. 

(a) Effective Date 

This AD is effective November 14, 2012. 

(b) Affected ADs 

This AD revises AD 2003–17–03, 

Amendment 39–13277 (68 FR 50693, August 

22, 2003). 

(c) Applicability 

(1) This AD applies to PIAGGIO AERO 

INDUSTRIES S.p.A Model P–180 airplanes, 

all serial numbers, that are: 

(i) certificated in any category; and 

(ii) equipped with a firewall shutoff or 

crossfeed valve that is identified in the 

Effectivity table of PIAGGIO Aero Industries 

S.p.A. Service Bulletin (SB) No. ASB80– 

0191, dated February 27, 2003. 

(2) The only difference between the 

applicability of this AD and AD 2003–17–03 

(68 FR 50693, August 22, 2003), is that AD 

2003–17–03 applied to firewall shutoff and 

crossfeed valves that should not have been 

included. 

(i) No further action is necessary if the 

actions of this AD were done in compliance 

with AD 2003–17–03, Amendment 39–13277 

(68 FR 50693, August 22, 2003). 

(ii) Any firewall shutoff or crossfeed valve 

that was modified per AD 2003–17–03 (68 FR 

50693, August 22, 2003), and re-identified 

with an ‘‘A’’ at the end of the serial number 

and is not identified in the Effectivity table 

of PIAGGIO Aero Industries S.p.A. SB No. 

ASB80–0191, dated February 27, 2003, is an 

airworthy part and is not affected by this AD. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 28: Fuel. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

ground fire on the left-hand engine nacelle of 

one of the affected airplanes caused by a 

cracked firewall crossfeed valve that had 

leaked fuel. We are issuing this AD to clarify 

the affected parts required to correct the 

unsafe condition on these products. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Records Check 

(1) Within 5 days after September 3, 2003 

(the effective date of AD 2003–17–03 (68 FR 

50693, August 22, 2003)), check the 

maintenance records to determine whether a 

firewall shutoff or crossfeed valve that is 

affected by this AD is installed. The owner/ 

operator holding at least a private pilot 

certificate as authorized by section 43.7 of 

the Federal Aviation Regulations (14 CFR 

43.7) may perform this check. 

(2) If, by checking the maintenance 

records, the owner/operator can definitely 


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Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 67767 

show that no affected firewall shutoff or 

crossfeed valve is installed, then the 

inspection requirement of paragraph (h) of 

this AD and the replacement requirement of 

paragraph (i) of this AD do not apply. You 

must make an entry into the aircraft records 

that shows compliance with these portions of 

the AD in accordance with section 43.9 of the 

Federal Aviation Regulations (14 CFR 43.9). 

(h) Inspection 

Within 5 days after September 3, 2003 (the 

effective date of AD 2003–17–03 (68 FR 

50693, August 22, 2003)), inspect the three 

firewall shutoff and crossfeed valves to 

determine whether they incorporate a serial 

number as referenced in the Effectivity table 

of PIAGGIO Aero Industries S.p.A. SB No. 

ASB80–0191, dated February 27, 2003. 

(i) Replacement/Modification 

If any of the firewall shutoff or crossfeed 

valves that are referenced in the Effectivity 

table of PIAGGIO Aero Industries S.p.A. SB 

No. ASB80–0191, dated February 27, 2003, 

are found, before further flight, replace or 

modify each affected valve following 

PIAGGIO Aero Industries S.p.A. Service 

Bulletin (SB) No. ASB80–0191, dated 

February 27, 2003; and Electromech 

Technologies SB 484–3 AB, dated February 

18, 2003. 

(j) Spares 

As of 5 days after September 3, 2003 (the 

effective date of AD 2003–17–03 (68 FR 

50693, August 22, 2003)), do not install, on 

any airplane, a firewall shutoff or crossfeed 

valve that is referenced in the Effectivity 

table of PIAGGIO Aero Industries S.p.A. SB 

No. ASB80–0191, dated February 27, 2003, 

unless it has been modified per paragraph (i) 

of this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Standards Office, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. Send information to ATTN: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 329– 

4090; email: mike.kiesov@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on September 3, 2003 (68 

FR 50693, August 22, 2003): 

(i) PIAGGIO Aero Industries S.p.A. Service 

Bulletin (SB) No. ASB80–0191, dated 

February 27, 2003; and 

(ii) Electromech Technologies SB 484–3 

AB, dated February 18, 2003. 

(4) For service information identified in 

this AD, contact Piaggio Aero Industries 

S.p.A–Airworthiness Office, Via Luigi 

Cibrario, 4–16154 Genova-Italy; phone: +39 

010 6481353; fax: +39 010 6481881; email: 

airworthiness@piaggioaero.it; Internet: http:// 

www.piaggioaero.com/#/en/aftersales/ 

service-support. 

(5) You may view this service information 

at FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(6) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on 

October 31, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–27051 Filed 11–13–12; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–1078; FRL–9751–3] 

Revision to the South Coast Portion of 

the California State Implementation 

Plan, CPV Sentinel Energy Project AB 

1318 Tracking System 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a source-specific State 

Implementation Plan (SIP) revision for 

the South Coast Air Quality 

Management District (‘‘SCAQMD’’ or 

‘‘District’’) portion of the California SIP. 

This source-specific SIP revision is 

known as the CPV Sentinel Energy 

Project AB 1318 Tracking System (‘‘AB 

1318 Tracking System’’). The SIP 

revision consists of enabling language 

and the AB 1318 Tracking System to 

revise the District’s SIP approved new 

source review (NSR) program. The SIP 

revision allows the District to transfer 

offsetting emission reductions for 

particulate matter less than 10 microns 

in diameter (PM10) and one of its 

precursors, sulfur oxides (SOX), to the 

CPV Sentinel Energy Project 

(‘‘Sentinel’’), which will be a natural gas 

fired power plant. 

DATES: This final rule is effective on 

November 14, 2012. 

ADDRESSES: The index to the docket for 

this final action is available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While generally all categories 

of documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., voluminous documents, 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3524, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. The Facility and Prior Actions 

B. Description of Final Rule 

II. Evaluation of Source-Specific SIP Revision 

A. What action is EPA finalizing? 

B. Public Comment and Final Action 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. The Facility and Prior Actions 

The Sentinel Energy Project is 

designed to be a nominally rated 850 

megawatt, natural gas-fired electrical 

generating facility covering 

approximately 37 acres within Riverside 

County, adjacent to Desert Hot Springs 

in the Palm Springs, California area. 

EPA’s Federal Register notices for the 

January 13, 2011 proposal (76 FR 2294), 

April 20, 2011 final action (76 FR 

22038), and August 23, 2012 

supplemental proposal for this action 

(77 FR 50973) contain a detailed 

description of the project and the Clean 

Air Act’s (CAA) requirements for offsets 

during new source review permitting. 

In response to our January 13, 2011 

proposed rule, we received four 

comments. We responded to those 

comments on April 20, 2011 (76 FR 

22038). One commenter, jointly 

California Communities Against Toxics 

and Communities for a Better 

Environment (jointly ‘‘CCAT’’) filed a 

Petition for judicial review in the 

United States Court of Appeals for the 

Ninth Circuit (‘‘9th Circuit’’) shortly 

thereafter and an Opening Brief on July 

26, 2011. On September 14, 2011, EPA 

requested the 9th Circuit to remand the 


emcdonald on DSK67QTVN1PROD with RULES