This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19564 

Vol. 75, No. 72 

Thursday, April 15, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0036; Directorate 

Identifier 2009–NM–077–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–200, –200C, –300, 

–400, and– 500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Model 737–200, –200C, –300, –400, 

and– 500 series airplanes. This 

proposed AD would require repetitive 

inspections for cracking and corrosion 

of the skin and surrounding structure 

under the number 3 very high frequency 

(VHF) antenna, and corrective actions if 

necessary. Also, for certain airplanes, 

this proposed AD would require 

replacing bonded skin panels with solid 

skin panels. This proposed AD results 

from reports of cracks in the skin and 

surrounding structure under the number 

3 VHF antenna on the lower external 

surface of the airplane at Buttock Line 

0.0, aft of the main landing gear wheel 

well. We are proposing this AD to detect 

and correct cracks and corrosion of the 

skin and surrounding structure under 

the number 3 VHF antenna, which 

could result in separation of the antenna 

from the airplane, and rapid 

depressurization of the airplane. 

DATES: We must receive comments on 

this proposed AD by June 1, 2010. 

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 proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6447; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0036; Directorate Identifier 

2009–NM–077–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

We have received reports of cracks of 

the skin and surrounding structure 

under the number 3 (very high 

frequency) VHF antenna on the lower 

external surface of the airplane at 

Buttock Line 0.0, aft of the main landing 

gear wheel well on Model 737–200, 

–200C, –300, –400, and– 500 series 

airplanes. One report indicated there 

was a 15-inch longitudinal crack in the 

skin near Buttock Line 0.0 just forward 

of the number 3 VHF antenna cutout, 

running forward. The first 14 inches of 

the crack was hidden beneath the 

number 3 VHF antenna. Five other 

reports indicated there were skin cracks 

between 1.5 and 3 inches in length in 

the same area. The reports also 

indicated that the main antenna support 

channel and other support structure 

were cracked. The earliest reported 

cracks were at 18,289 flight cycles. This 

condition, if not corrected, could result 

in crack growth, possibly leading to 

separation of the antenna from the 

airplane, and rapid depressurization of 

the airplane. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 737–53– 

1287, dated March 11, 2009. The service 

bulletin describes procedures for 

repetitive external detailed and external 

high frequency eddy current (HFEC) 

inspections for cracking and corrosion 

in the skin; and repetitive internal 

detailed inspections for cracking and 

corrosion in the skin, antenna support 

structure, and surrounding frames and 

stringers; depending on the airplane 

configuration. For Group 1–4, 

configuration 2 airplanes, having a 

cover plate at the number 3 VHF 

antenna location, accomplishing the 

HFEC inspection eliminates the need for 

repetitive external detailed inspections. 

Boeing Special Attention Service 

Bulletin 737–53–1287, dated March 11, 

2009, also specifies contacting Boeing 


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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules 19565 

for certain inspection instructions, and 

for all repair instructions. 

The initial compliance time is 15,000 

total flight cycles, or within 1,100 or 

6,000 flight cycles (depending on 

configuration and inspection type) from 

the date on the service bulletin, 

whichever occurs later, for the following 

inspections: 

• External detailed inspections for 

any crack in the skin; 

• External HFEC inspections for any 

crack in the skin; 

• Internal detailed inspection for any 

crack in the skin, antenna support 

structure, and surrounding frames and 

stringers; and 

• Internal detailed inspection for any 

crack or corrosion in the skin, antenna 

support structure, and surrounding 

frames and stringers. 

The initial compliance time is within 

18,000 flight cycles (depending on 

configuration and inspection type) from 

the date on the service bulletin, for the 

following inspections: 

• External detailed and HFEC 

inspection for any crack or corrosion in 

the skin; and 

• Internal detailed inspection for any 

crack or corrosion in the skin. 

The repetitive inspection intervals, 

which depend on the airplane 

configuration and inspection type, range 

between 1,100 flight cycles and 18,000 

flight cycles. 

Boeing Special Attention Service 

Bulletin 737–53–1287, dated March 11, 

2009, specifies prior or concurrent 

accomplishment, for certain airplanes, 

of the replacement of bonded skin 

panels with solid skin panels in 

accordance with Part 5 of Boeing 

Service Bulletin 737–53A1042, Revision 

5, dated October 5, 1984. The actions 

specified in Boeing Service Bulletin 

737–53A1042, Revision 5, dated 

October 5, 1984, are necessary to 

comply with AD 90–06–02, Amendment 

39–6489 (55 FR 8372, March 7, 1990). 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously, except as 

discussed under ‘‘Difference Between 

the Proposed AD and Service Bulletin.’’ 

Difference Between the Proposed AD 

and Service Bulletin 

Boeing Special Attention Service 

Bulletin 737–53–1287, dated March 11, 

2009, specifies to contact the 

manufacturer for instructions on how to 

repair certain conditions, but this 

proposed AD would require repairing 

those conditions in one of the following 

ways: 

• Using a method that we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that 

has been authorized by the Manager, 

Seattle ACO, to make those findings. 

Interim Action 

We consider this proposed AD 

interim action. If final action is later 

identified, we might consider further 

rulemaking then. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,016 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection .......................... Between 3 

and 9.

$85 None Between $255 and $765, 

per inspection cycle.

629 Between $160,395 and 

$481,185, per inspection cycle. 

Concurrent Replacement 

for Group 2 airplanes.1

2,112 ........... $85 $35,000 $214,520 .......................... 387 $83,019,240. 

1The concurrent modification for Group 2 airplanes required by this AD is already required by AD 90–06–02. AD 90–06–02 mandated the skin 

replacement per Boeing Service Bulletin 737–53A1042 within 20 years of the manufacture date of the airplane. All group 2 airplanes have exceeded the 20-year threshold. 

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 above, 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), and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


erowe on DSK5CLS3C1PROD with PROPOSALS
19566 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules 

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 

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 AD: 

The Boeing Company: Docket No. FAA– 

2010–0036; Directorate Identifier 2009– 

NM–077–AD. 

Comments Due Date 

(a) We must receive comments by June 1, 

2010. 

Affected ADs 

(b) AD 90–06–02, Amendment 39–6489, 

affects this AD. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–200, –200C, –300, 

–400, and –500 series airplanes, certificated 

in any category, as identified in Boeing 

Special Attention Service Bulletin 737–53– 

1287, dated March 11, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracks 

of the skin and surrounding structure under 

the number 3 very high frequency (VHF) 

antenna on the lower external surface of the 

airplane at Buttock Line 0.0, aft of the main 

landing gear wheel well. The Federal 

Aviation Administration is issuing this AD to 

detect and correct cracks and corrosion of the 

skin and surrounding structure under the 

number 3 VHF antenna, which could result 

in separation of the antenna from the 

airplane, and rapid depressurization of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspections 

(g) Except as required by paragraphs (m) 

and (n) of this AD, at the applicable time in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 737–53– 

1287, dated March 11, 2009: Do external 

detailed and high frequency eddy current 

(HFEC) inspections for cracking in the skin, 

and for cracking and corrosion in the skin, 

as applicable; and an internal detailed 

inspection for cracking or corrosion in the 

skin, antenna support structure, and 

surrounding frames and stringers, under the 

number 3 VHF antenna, as applicable; in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–53–1287, dated March 

11, 2009, except as provided by paragraph (h) 

of this AD. Repeat the inspections, as 

applicable, thereafter at the applicable time 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Special Attention Service Bulletin 

737–53–1287, dated March 11, 2009 except 

as provided by paragraph (i) of this AD. 

(h) For airplanes on which any external 

detailed, or external detailed and HFEC 

inspection is done, and an external doubler 

exists under the cover plate that extends a 

minimum of 3 rows of fasteners all around 

the cover plate: Do the applicable inspections 

on the doubler instead of the skin. 

(i) For Group 1–4, configuration 2 airplanes 

having a cover plate at the number 3 VHF 

antenna location: Accomplishing the HFEC 

inspection terminates the repetitive external 

detailed inspections. 

Corrective Actions 

(j) If any cracking or corrosion is found 

during any inspection required by this AD, 

before further flight, repair the crack or 

corrosion using a method approved in 

accordance with the procedures specified in 

paragraph (o) of this AD. 

Concurrent Requirement 

(k) For Group 2 airplanes, as identified in 

Boeing Special Attention Service Bulletin 

737–53–1287, dated March 11, 2009: Before 

or concurrently with accomplishing the 

requirements of paragraph (g) of this AD, 

replace the bonded skin panels with solid 

skin panels, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–53A1042, Revision 9, 

dated July 25, 1991. 

Note 1: The concurrent requirement for 

replacement of bonded skin panels with solid 

skin panels is already required by AD 90–06– 

02, Amendment 39–6489. 

Replacements Accomplished According to 

Previous Issue of Service Bulletin 

(l) Replacements accomplished before the 

effective date of this AD in accordance with 

the Accomplishment Instructions of the 

service bulletins specified in Table 1 of this 

AD are considered acceptable for compliance 

with the corresponding action specified in 

paragraph (k) of this AD. 

TABLE 1—PREVIOUSLY ISSUED SERVICE BULLETIN

Document Revision Date 

Boeing Service Bulletin 737–53A1042 ..................................................................................................................... 5 October 5, 1984. 

Boeing Service Bulletin 737–53A1042 ..................................................................................................................... 6 August 10, 1989. 

Boeing Service Bulletin 737–53A1042 ..................................................................................................................... 7 October 19, 1989. 

Boeing Service Bulletin 737–53A1042 ..................................................................................................................... 8 July 19, 1990. 

Exceptions to Service Bulletin 

(m) Where Boeing Special Attention 

Service Bulletin 737–53–1287, dated March 

11, 2009, specifies a compliance time after 

the date on that service bulletin, this AD 

requires compliance after the effective date of 

this AD. 

(n) The Compliance Time column of Table 

5 of paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 737–53– 

1287, dated March 11, 2009, is missing the 

phrase ‘‘(Whichever Occurs Later).’’ 

Compliance with the actions in the Action 

column of Table 5 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Special Attention 

Service Bulletin 737–53–1287, dated March 

11, 2009, is required by the later of the 

corresponding times specified in the 

Compliance Time column of Table 5 of 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 737–53– 

1287, dated March 11, 2009. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 917–6447; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 


erowe on DSK5CLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules 19567 

Issued in Renton, Washington on April 2, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–8570 Filed 4–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–9133–7] 

RIN 2060–AP80 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation; 

Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to a proceeding for 

reconsideration, the EPA requests 

comment on a Clean Air Act (CAA) rule, 

the New Source Review (NSR) 

Aggregation Amendments, which was 

promulgated on January 15, 2009. The 

NSR Aggregation Amendments 

established a new interpretation of the 

existing NSR rules governing the 

modification of major sources by 

requiring sources and permitting 

authorities to combine emissions from 

nominally-separate activities at a major 

stationary source only when the 

activities are ‘‘substantially related.’’ 

This proposed reconsideration is in 

response to a petition from the Natural 

Resources Defense Council (NRDC) 

received on January 30, 2009. EPA 

requests public comment on all issues 

included in NRDC’s petition. In light of 

the legal and policy issues raised in the 

petition and in our own review of the 

rule, EPA’s preferred option is to revoke 

the NSR Aggregation Amendments. EPA 

is also proposing to extend the effective 

date of the stay by an additional 6 

months, and soliciting comment on a 

longer extension of the stay. 

DATES: Comments. Comments must be 

received on or before May 17, 2010. 

Public Hearing. If anyone contacts 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by April 26, 2010, 

EPA will hold a public hearing on April 

30, 2010. If a hearing is held, the record 

for the hearing will remain open until 

June 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0064, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW, 

Washington, DC 20460. 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 

the applicable docket. 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 http:// 

www.regulations.gov or e-mail. 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 docket 

are listed in the http:// 

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, 

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 at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, 20460. 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 (202) 566–1742, 

and the telephone number for the Air 

Docket is (202) 566–1744. 

Public Hearing. If a public hearing is 

held, it will be held in Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Svendsgaard, Air Quality Policy 

Division (C504–03), U.S. Environmental 

Protection Agency, Research Triangle 

Park, NC 27711, telephone number: 

(919) 541–2380; fax number: (919) 541– 

5509, e-mail address: 

svendsgaard.dave@epa.gov. 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division (C504–03), U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number (919) 541–0641; fax number 

(919) 541–5509; e-mail address: 

long.pam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this sction spply to me? 

Entities potentially affected by this 

action include sources in all industry 

groups and state, local, and tribal 

governments. 

B. How is this preamble organized? 

The preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. How is this preamble organized? 

II. Overview 

A. What is ‘‘Aggregation’’? 

B. What events have led to this action? 

III. This Action 

A. What is the standard for 

reconsideration? 

B. What issues are being reconsidered? 

C. Key Issues Under Reconsideration 

1. Lack of Adequate Opportunity for Notice 

and Comment on the Adopted Rule 

2. Rule may be Inconsistent with a Court 

of Appeals Decision for Previous NSR 

Rule 

a. Background for Our Historic Approach 

b. Our Explanation of Our Authority in the 

NSR Aggregation Amendments 

c. The CAA Requires Aggregation of 

Nominally-Separate Changes When They 

Collectively can be Seen as One Change 

3. Questioning the Need for a Policy 

Change 

4. State Plan Adoption 

5. Proposal to Revoke Rule 

6. Proposal to Extend Effective Date 


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