64244 Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 

Service Bulletin RB.211–71–AG698, dated 

October 14, 2011 (for engines with 

Bombardier standard air intake cowls). 

(h) Replacement of In-Service Air Intake 

Cowl Complete Forward Bulkhead 

Assemblies 

For airplanes other than those identified in 

paragraph (g) of this AD: At the applicable 

time specified in paragraphs (h)(1) through 

(h)(12) of this AD, replace the forward 

bulkhead assembly, TAI spray ring assembly, 

and associated attachment fittings of the air 

intake cowl with new parts, in accordance 

with the Accomplishment Instructions of 

Bombardier Alert Service Bulletin RB211– 

E4–A1003, Revision 1, dated August 15, 2012 

(for engines with air intake cowls modified 

by Bombardier Aerospace STC ST02102NY 

http://rgl.faa.gov/ 

Regulatory_and_Guidance_Library/rgstc.nsf/ 

0/256325188c3b1f2f8625705f004dd977/ 

$FILE/ST02102NY.pdf, commonly known as 

a 535EX cowls); or Rolls-Royce Service 

Bulletin RB.211–71–AG698, dated October 

14, 2011 (for engines with Dyna-Rohr or 

Bombardier standard air intake cowls.) 

Repeat the replacement thereafter at intervals 

not to exceed 144 months. 

(1) For airplanes with air intake cowls 

having serial numbers 4001 through 4121 

inclusive: Replace within 12 months after the 

effective date of this AD. 

(2) For airplanes with air intake cowls 

having serial numbers 4122 through 4241 

inclusive: Replace within 24 months after the 

effective date of this AD. 

(3) For airplanes with air intake cowls 

having serial numbers 4242 through 4361 

inclusive: Replace within 36 months after the 

effective date of this AD. 

(4) For airplanes with air intake cowls 

having serial numbers 4362 through 4481 

inclusive: Replace within 48 months after the 

effective date of this AD. 

(5) For airplanes with air intake cowls 

having serial numbers 4482 through 4484 

inclusive: Replace within 60 months after the 

effective date of this AD. 

(6) For airplanes with air intake cowls 

having serial numbers 9001 through 9117 

inclusive: Replace within 60 months after the 

effective date of this AD. 

(7) For airplanes with air intake cowls 

having serial numbers 9118 through 9237 

inclusive: Replace within 72 months after the 

effective date of this AD. 

(8) For airplanes with air intake cowls 

having serial numbers 9238 through 9357 

inclusive: Replace within 84 months after the 

effective date of this AD. 

(9) For airplanes with air intake cowls 

having serial numbers 9358 through 9477 

inclusive: Replace within 96 months after the 

effective date of this AD. 

(10) For airplanes with air intake cowls 

having serial numbers 9478 through 9597 

inclusive: Replace within 108 months after 

the effective date of this AD. 

(11) For airplanes with air intake cowls 

having serial numbers 9598 through 9717 

inclusive: Replace within 120 months after 

the effective date of this AD. 

(12) For airplanes with air intake cowls 

having serial numbers 9718 through 9780 

inclusive: Replace within 132 months after 

the effective date of this AD. 

(i) Credit for Previous Actions 

For engines with air intake cowls modified 

by Bombardier Aerospace STC ST02102NY 

http://rgl.faa.gov/ 

Regulatory_and_Guidance_Library/rgstc.nsf/ 

0/256325188c3b1f2f8625705f004dd977/ 

$FILE/ST02102NY.pdf, commonly known as 

a 535EX cowls): This paragraph provides 

credit for actions required by paragraphs (g) 

and (h) of this AD, if those actions were 

performed before the effective date of this AD 

using Bombardier Alert Service Bulletin 

RB211–E4–A1003, dated June 27, 2012 

(which is not incorporated by reference in 

this AD). 

(j) No Reporting Requirement 

Although Bombardier Alert Service 

Bulletin RB211–E4–A1003, Revision 1, dated 

August 15, 2012; and Rolls-Royce Service 

Bulletin RB.211–71–AG698, excluding 

Appendix 1 and including Appendices 2, 3, 

and 4, dated October 14, 2011; specify to 

submit certain reporting information to the 

manufacturer, this AD does not include that 

requirement. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(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. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@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. 

(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. 

(l) Related Information 

(1) For more information about this AD, 

contact Kevin Nguyen, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: (425) 917–6501; fax: (425) 917–6590; 

email: kevin.nguyen@faa.gov. 

(2) For Rolls-Royce service information 

identified in this AD, contact Rolls-Royce 

plc, P.O. Box 31, Derby, DE24 8BJ, United 

Kingdom; telephone 011 44 1332 242424; fax 

011 44 1332 249936; email http://www.rollsroyce.com/contact/civil_team.jsp; Internet 

https://www.aeromanager.com. For 

Bombardier Service information identified in 

this AD, contact Short Brothers PLC, 

Airworthiness, P.O. Box 241, Airport Road, 

Belfast, BT3 9DZ Northern Ireland; telephone 

+44(0)2890–462469; fax +44(0)2890–468444; 

Internet http://www.bombardier.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. 

Issued in Renton, Washington, on October 

12, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–25780 Filed 10–18–12; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2012–0486, FRL–9741–6] 

RIN 2060–AR59 

Revision to Ambient Nitrogen Dioxide 

Monitoring Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

revise the deadlines established in the 

national ambient air quality standard 

(NAAQS) for nitrogen dioxide (NO2) for 

the near-road component of the NO2

monitoring network and to implement a 

phased deployment approach. This 

approach would create a series of 

deadlines that would make the nearroad NO2 network operational between 

January 1, 2014, and January 1, 2017. 

The EPA is also proposing to revise the 

approval authority for annual 

monitoring network plans for NO2

monitoring. 

DATES: Comments must be received on 

or before November 19, 2012. 

Public Hearing. If anyone contacts the 

EPA by October 29, 2012 requesting to 

speak at a public hearing, a hearing will 

be held on November 19, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0486 by one of the following 

methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: a-and-r-Docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Docket No. EPA–HQ–OAR– 

2012–0486, Environmental Protection 

Agency, Mail code 6102T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. Please include a total of two 

copies. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 64245 

• Hand Delivery: Docket No. EPA– 

HQ–OAR–2012–0486, Environmental 

Protection Agency, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0486. The 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 email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your email 

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm. 

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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air and Radiation 

Docket and Information Center, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

and Radiation Docket and Information 

Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nealson Watkins, Air Quality 

Assessment Division, Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

code C304–06, Research Triangle Park, 

NC 27711; telephone: (919) 541–5522; 

fax: (919) 541–1903; email: 

watkins.nealson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Does this action apply to me? 

This action applies to state, territorial, 

and local air quality management 

programs that are responsible for 

ambient air monitoring under 40 CFR 

part 58. Categories and entities 

potentially regulated by this action 

include: 

Category NAICSa

code 

State/territorial/local/tribal government .............................................. 924110 

a North American Industry Classification 

System. 

B. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Clearly 

mark any of the information that you 

claim to be CBI. For CBI information in 

a disk or CD–ROM that you mail to the 

EPA, mark the outside of the disk or 

CD–ROM as CBI and then identify 

electronically within the disk or CD– 

ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule will also be available on 

the Worldwide Web (WWW) through 

the Technology Transfer Network 

(TTN). Following signature, a copy of 

this proposed rule will be posted on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

the following address: http://www.epa.

gov/ttn/oarpg/. The TTN provides 

information and technology exchange in 

various areas of air pollution control. A 

redline/strikeout document comparing 

the proposed revisions to the 

appropriate sections of the current rules 

is located in the docket. 

Table of Contents 

The following topics are discussed in 

this preamble: 

I. Background 

II. Proposed Changes to the Ambient NO2

Monitoring Requirements 

A. Network Implementation Dates 

B. Change in Annual Monitoring Network 

Plan Approval Authority 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health and 

Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 


tkelley on DSK3SPTVN1PROD with PROPOSALS
64246 Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 

1See 40 CFR part 58, appendix D, section 4.3.2. 

2See 40 CFR part 58, appendix D, section 4.3.3. 3See 40 CFR part 58, appendix D, section 4.3.4. 

Minority Populations and Low-Income 

Populations 

I. Background 

On February 9, 2010, the EPA 

promulgated minimum monitoring 

requirements for the NO2 monitoring 

network in support of the revised NO2

NAAQS (75 FR 6474). The NO2 NAAQS 

was revised to include a 1-hour 

standard with a 98th percentile form 

averaged over three years and a level of 

100 parts per billion (ppb), reflecting the 

maximum allowable NO2 concentration 

anywhere in an area, while retaining the 

annual standard of 53 ppb. 

As part of the NAAQS rulemaking, 

the EPA promulgated revisions to 

requirements for minimum numbers of 

ambient NO2 monitors that included 

new monitoring near major roads in 

larger urban areas. In addition, these 

monitoring requirements included 

requirements to characterize NO2

concentrations representative of wider 

spatial scales in larger urban areas (areawide monitors), and monitors intended 

to characterize NO2 exposures of 

susceptible and vulnerable populations. 

Specifically, the requirements for these 

minimum monitoring requirements are 

as follows: 

The first tier of the ambient NO2

monitoring network requires near-road 

monitoring.1 There must be one 

microscale near-road NO2 monitoring 

station in each Core Based Statistical 

Area (CBSA) with a population of 

500,000 or more persons to monitor a 

location of expected maximum hourly 

concentrations sited near a major road. 

An additional near-road NO2 monitoring 

station is required at a second location 

of expected maximum hourly 

concentrations for any CBSA with a 

population of 2,500,000 or more 

persons, or in any CBSA with a 

population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater Annual Average 

Daily Traffic (AADT). Based upon 2010 

census data and data maintained by the 

U.S. Department of Transportation 

Federal Highway Administration on the 

most heavily trafficked roads in the U.S. 

(http://www.fhwa.dot.gov/

policyinformation/tables/02.cfm), 

approximately 126 near-road NO2 sites 

are required within 103 CBSAs 

nationwide. 

The second tier of the NO2 minimum 

monitoring requirements is for areawide NO2 monitoring.2 There must be 

one monitoring station in each CBSA 

with a population of 1,000,000 or more 

persons to monitor a location of 

expected highest NO2 concentrations 

representing the neighborhood or larger 

spatial scales. These NO2 monitors are 

referred to as area-wide monitors. Based 

on 2010 census data, approximately 52 

area-wide NO2 sites are required within 

52 CBSAs. 

The third tier of the NO2 minimum 

monitoring requirements is for the 

characterization of NO2 exposure for 

susceptible and vulnerable 

populations.3 The EPA Regional 

Administrators, in collaboration with 

states, must require a minimum of 40 

additional NO2 monitoring stations 

nationwide in any area, inside or 

outside of CBSAs, above the minimum 

monitoring requirements for near-road 

and area-wide monitors, with a primary 

focus on siting these monitors in 

locations to protect susceptible and 

vulnerable populations. 

All three tiers of the NO2 minimum 

monitoring requirements are to be 

submitted to the EPA for approval. 

Currently, 40 CFR 58.10 and 58.13 

require states to submit a plan for 

establishing all required NO2

monitoring sites to the EPA 

Administrator by July 1, 2012. Further, 

these plans shall provide for all required 

monitoring stations to be operational by 

January 1, 2013. 

II. Proposed Changes to the Ambient 

NO2 Monitoring Requirements 

A. Network Implementation Dates 

We are proposing a phased 

implementation approach to allow more 

time for states to establish the required 

near-road NO2 monitors on a schedule 

consistent with available resources. No 

changes are proposed for the 

implementation timing requirements for 

area-wide monitoring and for 

monitoring to characterize NO2

exposures for susceptible and 

vulnerable populations. 

Language in 40 CFR part 58, sections 

58.10 and 58.13, requires states to 

submit their NO2 monitoring network 

plan by July 1, 2012, and to have all 

required NO2 monitors physically 

established and operational by January 

1, 2013. The EPA believes that most 

states have monitoring stations 

currently in operation that either 

already house an NO2 monitor, or could 

easily accommodate an NO2 monitor, 

which would allow the state to satisfy 

the requirements for area-wide 

monitoring and for characterizing NO2

exposures for susceptible and 

vulnerable populations without the 

need for additional funds or network 

alterations. Near-roadway monitors, 

however, generally do not exist and 

represent a significant, new monitoring 

activity needing substantial resources to 

implement. The EPA is aware that a 

very large majority of state and local air 

agencies required to install one or more 

near-road NO2 stations currently do not 

have the financial resources to install 

and operate these new monitoring sites. 

During the 2010 NO2 NAAQS review 

process, the EPA received comments 

from state and local agencies, along with 

representative Regional Planning 

Organizations (RPOs) and national 

associations, indicating that full funding 

from the EPA was essential to ensure 

that the near-road NO2 network was 

implemented as required. For example, 

in their public comments on the 

proposed primary NAAQS for NO2 (74 

FR 34404, July 15, 2012), the National 

Association of Clean Air Agencies 

stated: ‘‘Particularly in light of the 

recent and anticipated demands of 

funding other new and expanded 

monitoring networks, including the 

source and population lead network, the 

air toxics in schools monitors, and the 

proposed rural ozone network, it is 

imperative that the near-road [NO2] 

network be federally funded with new 

appropriations at requisite levels. State 

and local air agency budgets have been 

generally flat for a number of years, with 

some agencies struggling to match funds 

to support core programs. Without 

additional funding for near-road 

monitoring, provided under section 103 

of the Clean Air Act (CAA) so that 

matching funds are not required, many 

agencies will be unable to fulfill this 

new responsibility.’’ In response to 

these and other state comments, the 

EPA pursued an approach to fund all 

required near-road NO2 monitors 

through CAA section 103, and thus 

removed the state burden of providing 

matching funds. As of federal fiscal year 

2012, insufficient federal funds have 

been identified to fund all of the 

required near-road NO2 monitors across 

the country by the original deadline 

promulgated in the primary NAAQS for 

NO2 (75 FR 6474). However, the EPA 

has been able to identify limited 

available funding to support a phased 

deployment approach. 

Where neither states nor the EPA can 

identify sufficient funding to implement 

all required near-road NO2 sites, the 

EPA is proposing changes to the dates 

by which required near-road NO2

monitors are to be identified in annual 

monitoring network plans and 

physically established. The EPA is 

proposing a phased implementation 

approach, where subsets of the required 

near-road NO2 monitors will be funded 

over the course of multiple years, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 64247 

beginning in federal fiscal year 2012 and 

anticipated to extend through federal 

fiscal year 2015. The EPA believes that 

it will be able to identify sufficient grant 

funding to support this approach and, 

therefore, allow states to complete the 

near-road network. 

The EPA is proposing the following 

adjustments to the dates by which nearroad NO2 monitors are to be included in 

Annual Monitoring Network Plans and 

physically established. Specifically, we 

are proposing that: 

(1) Those near-road NO2 monitors 

which are either a single required 

monitor or the first of two required 

monitors in CBSAs having 1 million or 

more persons shall be reflected in the 

state Annual Monitoring Network Plan 

submitted July 1, 2013, and that the 

monitors shall be operational by January 

1, 2014. 

(2) Those near-road NO2 monitors 

which are the second near-road NO2

monitor in any CBSA with a population 

of 2,500,000 persons or more, or in any 

CBSA with a population of 500,000 or 

more persons that has one or more 

roadway segments with 250,000 or 

greater AADT counts, shall be reflected 

in the state Annual Monitoring Network 

Plan submitted July 1, 2014, and the 

monitors shall be operational by January 

1, 2015. 

(3) Those remaining near-road NO2

monitors required in CBSAs having 

500,000 or more persons shall be 

reflected in the state Annual Monitoring 

Plan submitted July 1, 2016, and the 

monitors shall be operational by January 

1, 2017. 

Under these proposed changes, the 

EPA estimates that 52 near-road NO2

monitors would be operational by 

January 1, 2014, in CBSAs having 1 

million or more persons; an estimated 

23 additional near-road NO2 monitors 

would be operational by January 1, 

2015, in any CBSA having 2.5 million 

persons or more, or those CBSAs with 

a population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater AADT counts; 

and an estimated 51 additional nearroad NO2 sites would be operational by 

January 1, 2017, in those CBSAs having 

a population between 500,000 and 1 

million persons. The EPA believes this 

proposed phased approach 

appropriately focuses the limited 

resources currently available. Further, 

the proposed approach plans to initially 

install by January 1, 2014, 52 monitors 

in 52 different CBSAs across the country 

in order to provide a level of national 

representation that includes variations 

in climate, population densities, and 

pollutant mixtures along with the nearroad monitoring site variables including 

traffic count, fleet mix, roadway design, 

congestion patterns, and local 

meteorology. The EPA is proposing that 

the second phase of the proposed 

network implementation approach 

establish any second near-road NO2

monitor in a CBSA because these are the 

largest CBSAs or are CBSAs containing 

the most heavily trafficked roads where 

the additional characterization is 

desired due to the generally greater 

number of major roads across a 

potentially larger geographic area, or 

exceptionally high traffic volumes, 

which correspond to increased potential 

for exposure. The EPA is proposing the 

third and final phase of the network 

implementation to be all additional 

required near-road NO2 monitors in 

CBSAs having a population between 

500,000 and 1 million persons. The EPA 

solicits comments on the phased 

implementation of the required nearroad NO2 network as proposed, 

specifically with regard to the dates by 

which each proposed phase is to be 

included in annual monitoring network 

plans and operational. 

The EPA is not proposing any changes 

to the implementation dates for areawide NO2 monitors or those NO2

monitors to be operated to characterize 

susceptible and vulnerable populations. 

As noted above, the EPA believes that 

most states have monitoring stations 

currently in operation that either house 

an NO2 monitor or could easily 

accommodate a relocated NO2 monitor, 

which would allow the state to satisfy 

these two tiers of the required NO2

monitoring network without need for 

additional funds or network alterations. 

The EPA is currently working with 

states to review their NO2 networks and 

evaluate which of the currently operated 

monitors would be most appropriate to 

continue operating in support of 

required area-wide and susceptible and 

vulnerable population monitoring or to 

identify locations where an NO2

monitor could be relocated to support 

these requirements. 

B. Change in Annual Monitoring 

Network Plan Approval Authority 

The EPA is also proposing to amend 

the regulatory text to have state and 

local air monitoring agencies submit 

their NO2 monitoring network plans to 

their respective EPA Regional 

Administrator instead of the EPA 

Administrator for approval as it is 

currently stated in 40 CFR 58.10(a)(5). 

This change would make the NO2

monitoring network plan submittals 

consistent with the requirements for 

submittal of Annual Monitoring 

Network Plans for ozone, carbon 

monoxide, sulfur dioxide, particulate 

matter, and lead to EPA Regional 

Administrators. The EPA believes it 

most appropriate for states to submit 

such information regarding NO2

monitoring to EPA Regional 

Administrators for approval as required 

for all other monitoring plans. The EPA 

requests comment on the proposed 

change in the approval authority for 

NO2 monitoring plans. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). The 

proposed amendments to revise ambient 

NO2 monitoring requirements do not 

add any information collection 

requirements beyond those imposed by 

the existing NO2 monitoring 

requirements. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 


tkelley on DSK3SPTVN1PROD with PROPOSALS
64248 Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This proposed rule will neither impose 

emission measurement requirements 

beyond those specified in the current 

regulations, nor will it change any 

emission standard. As such, it will not 

present a significant economic impact 

on small entities. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action proposes to increase the time by 

which state and local air monitoring 

agencies must install and operate a 

subset of required NO2 monitors and 

does not add any new requirements. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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, as specified in 

Executive Order 13132. This action 

proposes to increase the time by which 

state and local air monitoring agencies 

must install and operate a subset of 

required NO2 monitors and does not add 

any new requirements. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with the EPA 

policy to promote communications 

between the EPA and state and local 

governments, the EPA specifically 

solicits comment on this proposed rule 

from state and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This proposed rule imposes no 

requirements on tribal governments. 

This action proposes to increase the 

time by which state and local air 

monitoring agencies must install and 

operate a subset of required NO2

monitors and does not add any new 

requirements. Thus, Executive Order 

13175 does not apply to this action. In 

the spirit of Executive order 13175, the 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks, but 

merely proposes to increase the time by 

which state and local air monitoring 

agencies must install and operate a 

subset of required NO2 monitors. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. This 

action proposes to increase the time by 

which state and local air monitoring 

agencies must install and operate a 

subset of required NO2 monitors and 

does not add any new requirements. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113 (15 U.S.C. 272 note) directs the 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rule proposes to 

increase the time by which state and 

local air monitoring agencies must 

install and operate a subset of required 

NO2 monitors and does not add any new 

requirements. 

List of Subjects 

40 CFR Part 58 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations. 

Dated: October 5, 2012. 

Lisa P. Jackson, 

Administrator. 

PART 58—AMBIENT AIR QUALITY 

SURVEILLANCE 

1. The authority citation for part 58 

continues to read as follows: 

Authority: 42 U.S.C. 7403, 7405, 7410, 

7414, 7601, 7611, 7614, and 7619. 

Subpart B—[AMENDED] 

2. Section 58.10, is amended by 

revising paragraph (a)(5) and paragraph 

(b)(12) to read as follows: 

§ 58.10 Annual monitoring network plan 

and periodic network assessment. 

* * * * * 

(a) * * * 

(5)(i) A plan for establishing a single 

near-road NO2 site in CBSAs having 1 

million or more persons, in accordance 

with the requirements of appendix D 

section 4.3.2 to this part, shall be 

submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2013. 

The plan shall provide for these 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Proposed Rules 64249 

required monitoring stations to be 

operational by January 1, 2014. 

(ii) A plan for establishing a second 

near-road NO2 site in any CBSA with a 

population of 2,500,000 persons or 

more, or a site in any CBSA with a 

population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater AADT counts, in 

accordance with the requirements of 

appendix D section 4.3.2 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2014. 

The plan shall provide for these 

required monitoring stations to be 

operational by January 1, 2015. 

(iii) A plan for establishing a single 

near-road NO2 site in all other CBSAs 

having 500,000 or more persons, but 

less than 1 million persons, in 

accordance with the requirements of 

appendix D section 4.3.2 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2016. 

The plan shall provide for these 

monitoring stations to be operational by 

January 1, 2017. 

(iv) A plan for establishing or 

identifying area-wide NO2 monitoring 

sites, in accordance with the 

requirements of appendix D section 

4.3.3 to this part, shall be submitted as 

part of the Annual Monitoring Network 

Plan to the EPA Regional Administrator 

by July 1, 2012. The plan shall provide 

for these required monitoring stations to 

be operational by January 1, 2013. 

(v) A plan for establishing or 

identifying any NO2 monitor intended 

to characterize vulnerable and 

susceptible populations, as required in 

appendix D section 4.3.4 to this part, 

shall be submitted as part of the Annual 

Monitoring Network Plan to the EPA 

Regional Administrator by July 1, 2012. 

The plan shall provide for these 

monitors to be operational by January 1, 

2013. 

* * * * * 

(b) * * * 

(12) The identification of required 

NO2 monitors as near-road, area-wide, 

or vulnerable and susceptible 

population sites in accordance with 

Appendix D, Section 4.3 of this part. 

* * * * * 

3. Section 58.13 is amended by 

revising paragraph (c) to read as follows: 

§ 58.13 Monitoring network completion. 

* * * * * 

(c)(1) Near-road NO2 monitors 

required in Appendix D, section 4.3.2 

which are the single required site or the 

first of two required sites in any CBSA 

having 1 million or more persons must 

be physically established and operating 

under the requirements of this part, 

including the requirements of 

appendices A, C, D, and E to this part, 

by January 1, 2014. 

(2) Near-road NO2 monitors required 

in Appendix D, section 4.3.2 as a second 

near-road NO2 site in any CBSA with a 

population of 2,500,000 persons or 

more, or a site in any CBSA with a 

population of 500,000 or more persons 

that has one or more roadway segments 

with 250,000 or greater AADT counts, 

must be physically established and 

operating under the requirements of this 

part, including the requirements of 

appendices A, C, D, and E to this part, 

by January 1, 2015. 

(3) Near-road NO2 monitors required 

in Appendix D, section 4.3.2 in all other 

CBSAs having 500,000 or more persons, 

but less than 1 million, must be 

physically established and operating 

under the requirements of this part, 

including the requirements of 

appendices A, C, D, and E to this part, 

by January 1, 2017. 

(4) Area-wide NO2 monitors required 

in Appendix D, section 4.3.3 must be 

physically established and operating 

under the requirements of this part, 

including the requirements of 

appendices A, C, D, and E to this part, 

by January 1, 2013. 

(5) NO2 monitors intended to 

characterize vulnerable and susceptible 

populations that are required in 

Appendix D, section 4.3.4 must be 

physically established and operating 

under the requirements of this part, 

including the requirements of 

appendices A, C, D, and E to this part, 

by January 1, 2013. 

* * * * * 

[FR Doc. 2012–25423 Filed 10–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2011–0058, Notice No. 1] 

RIN 2130–AC28 

Track Safety Standards; Improving Rail 

Integrity 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA is proposing to amend 

the Federal Track Safety Standards to 

promote the safety of railroad operations 

by enhancing rail flaw detection 

processes. In particular, FRA is 

proposing minimum qualification 

requirements for rail flaw detection 

equipment operators, as well as 

revisions to requirements for effective 

rail inspection frequencies, rail flaw 

remedial actions, and rail inspection 

records. In addition, FRA is proposing 

to remove regulatory requirements 

concerning joint bar fracture reporting. 

This rulemaking is intended to 

implement section 403 of the Rail Safety 

Improvement Act of 2008 (RSIA). 

DATES: (1) Written comments must be 

received by December 18, 2012. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional delay or 

expense. 

(2) FRA anticipates being able to 

resolve this rulemaking without a 

public, oral hearing. However if FRA 

receives a specific request for a public, 

oral hearing prior to November 19, 2012, 

one will be scheduled and FRA will 

publish a supplemental notice in the 

Federal Register to inform interested 

parties of the date, time, and location of 

any such hearing. 

ADDRESSES: Comments: Comments 

related to this Docket No. FRA–2011– 

0058, Notice No. 1 may be submitted by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

www.Regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, West Building, Ground 

floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. 

Please note that all comments received 

will be posted without change to 

www.Regulations.gov, including any 

personal information provided. Please 

see the discussion under the Privacy Act 

heading in the Supplementary 

Information section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.Regulations.gov at any time or 

visit the Docket Management Facility, 

U.S. Department of Transportation, 

West Building, Ground floor, Room 


tkelley on DSK3SPTVN1PROD with PROPOSALS