Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40495 

DEPARTMENT OF EDUCATION 

34 CFR Part 371 

RIN 1820–AB63 

[Docket ID ED–2009–OSERS–0008] 

Vocational Rehabilitation Service 

Projects for American Indians With 

Disabilities 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Interim final rule; Request for 

Comments. 

SUMMARY: The Secretary amends the 

regulations for the American Indian 

Vocational Rehabilitation Services 

(AIVRS) program to permit a consortium 

of Indian Tribes to establish a separate 

legal entity to apply for a grant under 

this program. This change is needed to 

provide the flexibility required by the 

Department to make grants to Indian 

Tribes that choose to form a consortium 

and, rather than authorizing one of the 

Indian Tribes of the consortium to serve 

as the grantee, create a separate legal 

entity that serves as the grantee on 

behalf of the consortium and that is 

responsible for using the grant funds to 

provide services to all the Indian Tribes 

in the consortium. 

DATES: These regulations are effective 

August 12, 2009. We must receive your 

comments by September 11, 2009. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by e-mail. Please 

submit your comments only one time, in 

order to ensure that we do not receive 

duplicate copies. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov to submit 

your comments electronically. 

Information on using Regulations.gov, 

including instructions for accessing 

agency documents, submitting 

comments, and viewing the docket is 

available on the site under ‘‘How To Use 

This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these interim final 

regulations, address them to Thomas E. 

Finch, U.S. Department of Education, 

400 Maryland Avenue, SW., room 5059, 

Potomac Center Plaza (PCP), 

Washington, DC 20006–8544. 

Privacy Note: The Department’s policy for 

comments received from members of the 

public (including those comments submitted 

by mail, commercial delivery, or hand 

delivery) is to make these submissions 

available for public viewing in their entirety 

on the Federal eRulemaking Portal at 

http://www.regulations.gov. Therefore, 

commenters should be careful to include in 

their comments only information that they 

wish to make publicly available on the 

Internet. 

FOR FURTHER INFORMATION CONTACT: 

Thomas E. Finch. Telephone: 202–245– 

7343 or via the Internet: 

tom.finch@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding these interim final 

regulations. To ensure that your 

comments have maximum effect in 

developing the final regulations, we 

urge you to identify clearly the specific 

section or sections of the interim final 

regulations that each of your comments 

address and to arrange your comments 

in the same order as the interim final 

regulations. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these interim final regulations. Please 

let us know of any further opportunities 

we should take to reduce potential costs 

or increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period 

you may inspect all public comments 

about these interim final regulations by 

accessing Regulations.gov. You may also 

inspect the comments, in person, in 

room 5059, PCP, 550 12th Street, SW., 

Washington, DC, between the hours of 

8:30 a.m. and 4 p.m., Eastern time, 

Monday through Friday of each week 

except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these interim final 

regulations. If you want to schedule an 

appointment for this type of aid, please 

contact Thomas E. Finch. Telephone 

number (202) 245–7343 or e-mail: 

tom.finch@ed.gov. 

Executive Order 13175 

Executive Order 13175 (‘‘Consultation 

and Coordination with Indian Tribal 

Governments’’) provides that each 

Federal agency must have an 

accountable process to ensure regular 

and meaningful consultation and 

collaboration with Indian Tribal 

governments or their representative 

organizations in the development of 

regulatory policies that have Tribal 

implications. As part of this process, 

before publishing these interim final 

regulations, we have consulted through 

meetings, telephone calls, and 

correspondence with the Consortia of 

Administrators for Native American 

Rehabilitation that represents all the 

AIVRS projects across the country, 

several Indian Tribes, Alaskan Regional 

Corporations, Native Alaskan Villages, 

the Native Alaskan Associations, as well 

as interested parties in Congress. We are 

specifically inviting input from Indian 

Tribal officials concerning these interim 

final regulations as part of the process 

of consultation required by the 

Executive order. 

Background 

The AIVRS program, authorized by 

section 121 of the Rehabilitation Act of 

1973, as amended (29 U.S.C. 741), 

provides authority for the Commissioner 

of the Rehabilitation Services 

Administration (RSA) in the Office of 

Special Education and Rehabilitative 

Services of the Department of Education 

to make grants to the governing bodies 

of Indian Tribes located on Federal and 

State reservations (and consortia of such 

governing bodies) to pay 90 percent of 

the costs of vocational rehabilitation 

services for American Indians who are 

individuals with disabilities residing on 

or near such reservations. The term 

governing bodies of Indian Tribes is 

defined in the regulations at 34 CFR 

371.4 as ‘‘those duly elected or 

appointed representatives of an Indian 

Tribe or of an Alaskan native village. 

These representatives must have the 

authority to enter into contracts, 

agreements, and grants on behalf of their 

constituency.’’ Section 371.4 also 

defines the term consortium as ‘‘two or 

more eligible governing bodies of Indian 

Tribes that make application as a single 

applicant under an agreement whereby 

each governing body is legally 

responsible for carrying out all of the 

activities in the application.’’ 


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40496 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

The regulatory definition of the term 

consortium permits groups of applicants 

to apply only if one member of the 

group applies for the grant on behalf of 

the consortium and serves as the 

grantee. In order to recognize that 

Indian Tribes may organize themselves 

by establishing separate legal entities to 

apply on their behalf for Federal 

program funds, the Department amends 

the definition of the term consortium to 

expressly allow the governing bodies of 

Indian Tribes in the consortium to 

create a separate legal entity to apply for 

a grant on behalf of the Tribes in the 

consortium. As the applicant, the 

separate legal entity would be governed 

by the regulations that apply to the 

AIVRS program pursuant to § 371.3. 

On May 14, 2009, we published in the 

Federal Register (74 FR 22729) a notice 

inviting applications for new awards for 

fiscal year (FY) 2009 for the AIVRS 

program. The original notice for the FY 

2009 AIVRS program competition 

established a July 23, 2009, deadline 

date for eligible applicants to apply for 

funding under this program. To ensure 

that the change in the regulatory 

definition of the term consortium 

applies to entities applying for a FY 

2009 grant, we are reopening the 

competition and establishing a new 

deadline for the submission of 

applications. Applicants that submitted 

applications by the July 23, 2009, 

deadline date in accordance with the 

terms of the May 14, 2009 notice 

inviting applications are not required to 

submit new applications. Only groups 

of Indian Tribes that seek to apply for 

funding under the AIVRS program using 

a separate legal entity as the applicant 

are permitted to submit a new 

application under the new deadline. 

The notice reopening the FY 2009 

competition for the AIVRS program is 

published elsewhere in this issue of the 

Federal Register. 

Waiver of Rulemaking and Delayed 

Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department is generally required to 

publish a notice of proposed rulemaking 

and provide the public with an 

opportunity to comment on proposed 

regulations prior to establishing a final 

rule. However, we are waiving the 

notice-and-comment rulemaking 

requirements under the APA. Section 

553(b) of the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking when 

the agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest. Although these 

regulations are subject to the APA’s 

notice-and-comment requirements, the 

Secretary has determined that it would 

be contrary to the public interest and 

impracticable to conduct notice-andcomment rulemaking. 

It has come to the Department’s 

attention that certain entities receiving 

AIVRS program grants do not meet the 

current definition of the term governing 

bodies of Indian Tribes or the term 

consortium, but rather are nonprofit 

associations created by the governing 

bodies of Indian Tribes to provide 

health, social, and welfare services 

(including vocational rehabilitation 

services) to the member Indian Tribes. 

Some of the Indian Tribes served by 

these nonprofit associations will be 

among the applicants in the FY 2009 

AIVRS program competition and there 

are others who are due to receive 

continuation grants for FY 2009. 

For many small Indian Tribes and 

Alaskan native villages, the only 

effective and efficient way for their 

members to receive health, social, and 

welfare services is for the Tribes or 

villages to join together and create a 

separate legal entity to apply for and 

administer grants and contracts from the 

Federal and State governments. Other 

Department and Federal agency 

programs accept applications from 

groups of Indian Tribes submitted by 

these separate legal entities. If the 

Department had to conduct notice-andcomment rulemaking to implement the 

change in the definition of the term 

consortium for purposes of the AIVRS 

program, it could not do so in time to 

permit it to make new and continuation 

awards to eligible applicants that apply 

through these separate legal entities for 

FY 2009, which would result in the 

disruption of services to hundreds of 

American Indians with disabilities who 

currently receive services through grants 

provided to these entities. Such a denial 

of services to the intended beneficiaries 

of the AIVRS program would be 

contrary to the public interest; this harm 

to the public interest outweighs the 

value that would be gained from noticeand-comment rulemaking in this 

instance because the regulatory change 

sought merely adopts an accepted 

practice used by many Indian Tribes to 

apply for and administer Federal 

programs. 

In addition, even on an extremely 

expedited timeline, it is impracticable 

for the Department to conduct noticeand-comment rulemaking and then 

promulgate final regulations in time to 

make new and continuation awards to 

eligible applicants that apply through 

these separate legal entities for FY 2009 

under the AIVRS program. Publishing a 

notice of proposed rulemaking, 

reviewing the public comments and 

issuing final regulations normally takes 

at least six months, and this could not 

be accomplished prior to September 30, 

2009, the date by which FY 2009 funds 

have to be obligated under the AIVRS 

program. Issuing interim final 

regulations permits the Department to 

consider applications under the 

competition for new awards submitted 

by applicants affected by the change in 

the definition of the term consortium 

and to make continuation awards to 

certain applicants that will meet the 

changed definition and can then 

continue providing vocational 

rehabilitation services to American 

Indians with disabilities. 

Based upon this information, and in 

order to make timely grant awards for 

FY 2009, the Secretary is issuing these 

interim final regulations without first 

publishing proposed regulations for 

public comment. 

Although the Department is adopting 

these regulations on an interim final 

basis, the Department requests public 

comment on these regulations. After 

consideration of public comments, the 

Secretary will publish final regulations. 

The APA also requires that a 

substantive rule be published at least 30 

days before its effective date, except as 

otherwise provided for good cause (5 

U.S.C. 553(d)(3)). For the reasons 

outlined in the preceding paragraphs, 

the Secretary has determined that a 

delayed effective date for these interim 

final regulations is unnecessary and 

contrary to the public interest, and that 

good cause exists to waive the 

requirement for a delayed effective date. 

Significant Regulations 

We discuss substantive issues under 

the sections of the interim final 

regulations to which they pertain. 

Statute: Section 121(a) of the 

Rehabilitation Act of 1973, as amended, 

provides that the Commissioner of RSA 

may make grants to the governing 

bodies of Indian Tribes located on 

Federal and State reservations (and 

consortia of such governing bodies) to 

pay 90 percent of the costs of vocational 

rehabilitation services for American 

Indians who are individuals with 

disabilities residing on or near such 

reservations. 

Current Regulations: Current § 371.4 

defines the term consortium as two or 

more eligible governing bodies of Indian 

Tribes that make application as a single 

applicant under an agreement whereby 

each governing body is legally 

responsible for carrying out all of the 

activities in the application. 


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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40497 

Regulations: We are amending the 

definition of the term consortium in 

section 371.4 to provide that a 

consortium means two or more eligible 

governing bodies of Indian Tribes that 

apply for an award under this program 

by either: (1) Designating one governing 

body to apply for the grant; or (2) 

establishing and designating a separate 

legal entity to apply for the grant. 

Reason: Although the regulations 

under the AIVRS program have not 

changed in several years, Indian Tribes 

have evolved in the ways that they have 

chosen to procure and deliver social 

services. Many Indian Tribes have 

found it more effective to join together 

and create one separate legal 

organization to apply for Federal funds 

on their behalf and to deliver services to 

the members of those Indian Tribes 

because they share the need for such 

services. This separate legal 

organization is generally a nonprofit 

association that provides health, social 

and welfare services (in this case, 

vocational rehabilitation services) to the 

members of the Indian Tribes that 

created this association. However, a 

nonprofit association does not meet the 

current definition of the term governing 

body of an Indian Tribe or the term 

consortium and, therefore, cannot serve 

as the grantee for a consortium of Indian 

Tribes under the AIVRS program. 

Many of the Indian Tribes that choose 

to form a consortium and establish a 

separate legal entity to apply for grants 

and administer health, social, and 

welfare services to its member Tribes 

would not, on their own, be able to 

assume responsibility for a AIVRS 

program grant because of their small 

size or isolated location, or because they 

lack the necessary infrastructure and 

internal controls to administer an 

AVRIS program grant. It has become 

apparent that the Department’s current 

definition of the term consortium 

constrains the intended recipients of an 

AIVRS grant from applying for funds 

under the program and from delivering 

services to the intended beneficiaries of 

AIVRS program funding—the American 

Indians with disabilities. Therefore, the 

Department has determined that it is 

appropriate to revise the regulatory 

definition of the term consortium so that 

a group of governing bodies of Indian 

Tribes may establish a separate legal 

entity to serve as the applicant and 

grantee on behalf of eligible Indian 

Tribes applying for a grant as part of a 

consortium. The Department believes 

that this regulatory change is essential 

in order to keep pace with the practical 

realities of the Indian community, to 

respect how the sovereign Indian Tribes 

have decided to organize themselves to 

receive Federal program funds, and to 

provide for as much flexibility as 

possible within the statutory 

requirements of the program to award 

funds to intended recipients. These 

separate legal entities, established by 

consortia of Indian Tribes, already 

receive grants under certain Department 

programs as well as programs 

administered by other Federal agencies, 

and this change will align the AIVRS 

program with these other programs. 

Other Changes 

Statute: None. 

Current Regulations: Part 371 

currently identifies ‘‘29 U.S.C. 711(c) 

and 750, unless otherwise noted’’ as the 

statutory authority for the regulations in 

this part. 

Regulations: We are updating the 

authority citation for 34 part 371 to be 

29 U.S.C. 709(c) and 741, unless 

otherwise noted. 

Reason: We are updating the authority 

citation for this part because it has not 

been updated since the 1992 

amendments to the Rehabilitation Act of 

1973. 

Executive Order 12866 

1. Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether the 

regulatory action is ‘‘significant’’ and 

therefore subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may (1) have an 

annual effect on the economy of $100 

million or more, or adversely affect a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

Tribal governments or communities in a 

material way (also referred to as an 

‘‘economically significant’’ rule); 

(2) create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

materially alter the budgetary impacts of 

entitlement grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

order. Pursuant to the terms of the 

Executive order, it has been determined 

that this regulatory action is not a 

significant regulatory action subject to 

OMB review under section 3(f) of 

Executive Order 12866. 

1. Potential Costs and Benefits 

Under Executive Order 12866, we 

have assessed the potential costs and 

benefits of this regulatory action and 

have determined that this rule will not 

impose additional costs to applicants, 

grantees, or the Federal government, as 

the Department is proposing only to 

expand how eligible applicants can 

apply for and administer grants under 

this program. The rule, changing the 

definition of the term consortium, is not 

expected to result in increased costs to 

Indian Tribes in applying for an AIVRS 

grant or in implementing an AIVRS 

project. Moreover, the benefits of this 

regulatory action far outweigh any 

unforeseen administrative costs to the 

Federal government in administering 

the program. Some Indian Tribes, 

particularly those for whom it would be 

difficult to assume responsibility for an 

AIVRS grant because of their small size, 

isolated location, or lack of the 

necessary infrastructure, have found it 

more effective to join together and 

create one separate legal organization to 

apply for Federal funds on their behalf 

and to deliver services to the members 

of those Indian Tribes. This regulatory 

change would benefit such Indian 

Tribes by providing them the flexibility 

to establish a separate legal entity to 

serve as the applicant and grantee on 

behalf of eligible Indian Tribes applying 

for a grant as part of a consortium, 

rather than requiring one of the Indian 

Tribes of the consortium to serve as the 

grantee. 

We have also determined that this 

regulatory action would not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions, alter the rights 

and obligations of recipients, or raise 

new legal or policy issues. 

2. Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum on ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. 

The Secretary invites comments on 

how to make these interim final 

regulations easier to understand, 

including answers to questions such as 

the following: 

• Are the requirements in the interim 

final regulations clearly stated? 

• Do the interim final regulations 

contain technical terms or other 

wording that interferes with their 

clarity? 

• Does the format of the interim final 

regulations (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce their clarity? 


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40498 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

• Would the interim final regulations 

be easier to understand if we divided 

them into more (but shorter) sections? 

(A ‘‘section’’ is preceded by the symbol 

‘‘§ ’’ and a numbered heading; for 

example, § 371.4 What definitions apply 

to this program?) 

• Could the description of the interim 

final regulations in the SUPPLEMENTARY

INFORMATION section of this preamble be 

more helpful in making the interim final 

regulations easier to understand? If so, 

how? 

• What else could we do to make the 

interim final regulations easier to 

understand? 

To send any comments that concern 

how the Department could make these 

interim final regulations easier to 

understand, see the instructions in the 

ADDRESSES section of this preamble. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these 

interim final regulations will not have a 

significant economic impact on a 

substantial number of small entities. 

These interim final regulations affect 

Indian Tribal governments and 

nonprofit organizations. The U.S. Small 

Business Administration (SBA) Size 

Standards define these institutions as 

‘‘small entities’’ if they are for-profit or 

nonprofit institutions with total annual 

revenue below $5,000,000 or if they are 

institutions controlled by governmental 

entities with populations below 50,000. 

Although some Indian Tribal 

governments and nonprofit 

organizations may meet the definition of 

‘‘small entities,’’ these interim final 

regulations do not impose new costs on 

these entities. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number: 84.250A AIVRS Program) 

List of Subjects in 34 CFR Part 371 

Grant programs—Indians, Grant 

programs—social programs, Indians 

vocational rehabilitation. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Andrew J. Pepin, Executive 

Administrator for the Office of Special 

Education and Rehabilitative Services, 

to perform the functions of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

Dated: August 6, 2009. 

Andrew J. Pepin, 

Executive Administrator for Special 

Education and Rehabilitative Services. 

■ For the reasons discussed in the 

preamble, the Secretary amends part 

371 of title 34 of the Code of Federal 

Regulations as follows: 

PART 371—VOCATIONAL 

REHABILITATION SERVICE 

PROJECTS FOR AMERICAN INDIANS 

WITH DISABILITIES 

■ 1. The authority citation for part 371 

is revised to read as follows: 

Authority: 29 U.S.C. 709(c) and 741, unless 

otherwise noted. 

■ 2. Section 371.4 is amended by 

revising the definition of ‘‘consortium’’ 

in paragraph (b) to read as follows: 

§ 371.4 What definitions apply to this 

program? 

* * * * * 

(b) * * * 

Consortium means two or more 

eligible governing bodies of Indian 

Tribes that apply for an award under 

this program by either: 

(i) Designating one governing body to 

apply for the grant; or 

(ii) Establishing and designating a 

separate legal entity to apply for the 

grant. 

* * * * * 

[FR Doc. E9–19335 Filed 8–11–09; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2009–0238; FRL–8936–4] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Delaware 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the updates 

of the Outer Continental Shelf (OCS) Air 

Regulations for Delaware. Requirements 

applying to OCS sources located within 

25 miles of a State’s seaward boundary 

must be updated periodically to 

maintain continuity and ensure 

consistency with the regulations of the 

corresponding onshore area (COA), as 

mandated by section 328(a)(1) of the 

Clean Air Act (CAA). The intended 

effect of approving the OCS regulations 

for Delaware is to regulate air emissions 

from OCS sources in accordance with 

the requirements of the COA. 

DATES: Effective Date: This rule is 

effective on September 11, 2009. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of September 11, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0238. All 

documents in the docket are listed in 

the http:www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http:www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, (215) 814–2156 or by 

e-mail at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

Section 328(a) of the Clean Air Act 

(CAA) requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of a State’s seaward boundary that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA must incorporate applicable rules 

of the corresponding onshore area 

(COA) into 40 CFR part 55. 

On April 29, 2008 (74 FR 19472), EPA 

proposed to incorporate various 


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