### 3420 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules

determine a new safe life (remaining fatigue life) for individual units. The revised safe life was calculated in accordance with the formula provided in associated APPH Ltd (the NLG Jack manufacturer) SB 32–76.

Following the completion of testing, APPH determined that the remaining fatigue life needed further reduction and published inspection criteria and a revised formula for calculating the piston safe life. This calculation and a revised end fitting tightening torque are contained in APPH SB 32–76 Revision 1. As a result, pistons which were previously calculated to have significant remaining life could possibly be unserviceable.

In response to this development, BAE Systems issued SB 32–JA030644 so that a revised calculation could be performed to establish the safe life of NLG steering jack pistons. Where not previously accomplished, the SB also recognised the need to inspect the piston for cracking and to measure the torque loading of the piston to eye-end joint so that safe life calculation could be performed. This SB superseded the earlier SB 32–JA020741 that produced an overly optimistic assessment of the component’s safe life. The CAA UK issued AD G–2004– 0029, superseding AD 003–11–2002, to require the accomplishment of these corrective actions.

Subsequent to the original issue of BAE Systems SB 32–JA030644, APPH introduced a modified unit (optionally installed on aeroplanes by application of BAE Systems SB 32–JM5414) that incorporates a strengthened piston with a defined safe life. This safe life is not calculated in accordance with the instructions of BAE Systems SB 32– JA030644, but is already declared in BAE Systems SB 32–JA981042, currently at revision 7. In response to requests for clarification, BAE Systems has revised SB 32–JA030644 to exclude those aeroplanes from the ‘Effectivity’ that have the modified steering jack assembly installed in accordance with BAE modification JM5414.

For the reasons described above, this new AD retains the requirements of UK CAA AD G–2004–0029, which is superseded, and confirms that for aeroplanes incorporating BAE modification JM5414, no further action is required.
Actions and Compliance

(f) Unless already done, do the following actions.

(1) For airplanes where British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002 (APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003) has not been previously accomplished:

(i) Within 2 months after June 26, 2007 (the effective date retained from AD 2007–10–14), inspect the steering jack piston rod, check the torque of the end fitting, and determine the safe life of the steering jack piston rod in accordance with paragraph 2, Part 1 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008; or BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32– JA030644, Original Issue: October 6, 2003. (ii) If the piston rod is found cracked or unserviceable during the inspection as required by paragraph (f)(1)(i) of this AD, before next flight, remove the steering jack and replace it with a serviceable unit.

(2) For airplanes on which BAE British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002 (APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003) has previously been accomplished:

(i) Within 3 months after June 26, 2007 (the effective date of AD 2007–10–14), recalculate the safe life of the steering jack piston rod and re-torque the piston rod eye-end in accordance with paragraph 2, Part 2 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008; or BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32– JA030644, Original Issue: October 6, 2003.

(ii) If the piston rod is found unserviceable during the inspection as required by paragraph (f)(2)(i) of this AD, before next flight, remove the steering jack and replace it with a serviceable unit.

(3) For airplanes equipped with steering jack part number (P/N) 6182–2, P/N 6182–3, or P/N 6182–4 incorporating Strike-off 4, installed by BAE Systems modification JM5414 (refer to British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32– JM5414, dated August 6, 2004; and APPH Ltd. Bulletin 32–77, dated January 2004): The actions specified in paragraph (f)(1)(i) or (f)(1)(ii) of this AD are not required.

(4) For all airplanes: After June 26, 2007 (the effective date of AD 2007–10–14), do not install a steering jack piston rod with P/N 6182–2, P/N 6182–3, or P/N 6182–4, unless it has been inspected and the safe life determined in accordance with paragraph 2 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008.

FAA AD Differences

Note: This AD differs from the MCAI and/ or service information as follows: No differences.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; fax: (816) 329– 4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2009–0135, dated June 23, 2009; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1 dated August 19, 2008; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JM5414, dated August 6, 2004. APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003; and APPH Ltd. Service Bulletin 32–77, dated January 2004, for related information.

Issued in Kansas City, Missouri on January 13, 2010. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–1086 Filed 1–20–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–0041; Directorate Identifier 2009–NM–218–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Airbus Model A330–201, –202, –203, –223, –243,**  **–301, –302, –303, –321, –322, –323, –341, –342, and –343 Airplanes, Model**  **A340–211, –212, –213, –311, –312, and –313 Airplanes, and Model A340–541**  **and –642 Airplanes**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number)


### 3421 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules

0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s).

This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC).
* * * * * Loss or fluctuation of indicated airspeed could result in misleading information provided to the flightcrew. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

**DATES :**  We must receive comments on this proposed AD by March 8, 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Airbus SAS— Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80, e-mail airworthiness.A330–A340@airbus.com ; Internet http://www.airbus.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 or 425–227–1152. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office 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 Operations 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 :**  Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149.

**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–2010–0041; Directorate Identifier 2009–NM–218–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 based on those comments.

We have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs.

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

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency Airworthiness Directive 2009–0202–E, dated September 21, 2009, and corrected September 22, 2009 (referred to after this as ‘‘the MCAI ’’ ), to correct an unsafe condition for the specified products. The MCAI states:

Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number)0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s).

This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC).

As a precautionary measure, this AD requires a torque check of the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL pitot probes and corrective action, depending on findings.
* * * * * Loss or fluctuation of indicated airspeed could result in misleading informationprovided to the flightcrew. If the quickdisconnect union fitted on the pitot probe is not adequately torqued, the corrective action includes applying torque. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Airbus has issued All Operators Telexes A330–34A3235 (for Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes); A340– 34A4241 (for Model A340–211, –212, –213, –311, –312, and –313 airplanes); and A340–34A5074 (for Model A340– 541 and –642 airplanes); all Revision 1, all dated September 21, 2009. The actions described in the service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance

Based on the service information, we estimate that this proposed AD would


### 3422 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules

affect about 47 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $3,760, or $80 per product. 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.

We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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:

Airbus: Docket No. FAA–2010–0041; Directorate Identifier 2009–NM–218–AD.

Comments Due Date

(a) We must receive comments by March 8,
2010.

Affected ADs

(b) None.
Applicability

(c) This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in any category; all manufacturer serial numbers; with pitot probes having Goodrich part number (P/N) 0851HL, serial numbers 267328 through 270714 inclusive.

(1) Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes.

(2) Model A340–211, –212, –213, –311, –312, and –313 airplanes.

(3) Model A340–541 and –642 airplanes. Subject (d) Air Transport Association (ATA) of America Code 34: Navigation.

Reason

(e) The mandatory continued airworthiness information (MCAI) states:

Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number)0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s).

This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC).

As a precautionary measure, this AD requires a torque check of the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL pitot probes and corrective action, depending on findings.

* * * * * Loss or fluctuation of indicated airspeed could result in misleading informationprovided to the flightcrew. If the quickdisconnect union fitted on the pitot probe is not adequately torqued, the corrective action includes applying torque.
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.

Actions

(g) At the time specified, do the following
actions.

(1) Within 14 days after the effective date of this AD: Perform a torque check of the pneumatic quick-disconnect union of each pitot probe having Goodrich P/N 0851HL to determine if the torque is adequate, in accordance with the instructions of the applicable service information specified in Table 1 of this AD. Before further flight, do all applicable corrective actions in accordance with the instructions of the applicable service information specified in Table 1 of this AD.



### TABLE 

### 1—A IRBUS 

### S ERVICE 

### I NFORMATION

Airbus All Operators Telex Revision Dated

A330–34A3235 (for Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323,

–341, –342, and –343 airplanes). 1 September 21, 2009.

A340–34A4241 (for Model A340–211, –212, –213, –311, –312, and –313 airplanes) ................................. 1 September 21, 2 009. A340–34A5074 (for Model A340–541 and –642 airplanes) ........................................................................... 1 September 21, 2009.

(2) Within 30 days after performing the torque check required by paragraph (g)(1) of this AD, or within 30 days after the effective date of this AD, whichever occurs later: Report the torque check results to Airbus, including no findings, as specified in the instructions of the applicable service information listed in Table 1 of this AD.

(3) Actions done before the effective date of this AD in accordance with Airbus All Operators Telexes A330–34A3235, A340– 34A4241, and A340–34A5074, all dated September 10, 2009, are acceptable for compliance with the corresponding requirements in paragraph (g)(1) of this AD.

(4) As of the effective date of this AD, no person may install a pitot probe having Goodrich P/N 0851HL on any airplane,


### 3423 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules

unless the actions required by paragraph (g)(1) of this AD have been done.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows:

Where the MCAI includes a compliance time of ‘‘ 5 days, ’’ we have determined that a compliance time of ‘‘within 14 days after the effective date of the AD ’’ is appropriate. The manufacturer and EASA agree with this expansion in compliance time.

Other FAA AD Provisions

(h) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056.

Related Information

(i) Refer to MCAI Airworthiness Directive 2009–0202–E, dated September 21, 2009, and corrected September 22, 2009; and the service information specified in Table 1 of this AD; for related information.

Issued in Renton, Washington, on December 30, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–1044 Filed 1–20–10; 8:45 am]

**BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 55**

**[EPA–R10–OAR–2009–0799; FRL–9095–7]**

**Outer Continental Shelf Air Regulations Consistency Update for**  **Alaska**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to include in the regulations the revised applicability dates in the emissions user fees provision in 18 AAC 50.410. Requirements applying to Outer Continental Shelf ( ‘‘ OCS ’’ ) sources located within 25 miles of States’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area ( ‘‘ COA ’’ ), as mandated by section 328(a)(1) of the Clean Air Act ( ‘‘the Act’’ ). The portion of the OCS air regulations that is being updated pertains to the emission user fee requirements for OCS sources operating off of the State of Alaska. The intended effect of approving the OCS requirements for the State of Alaska is to regulate emissions from OCS sources in a manner consistent with the requirements onshore. The change to the existing requirements discussed below is incorporated by reference into the regulations and is listed in the appendix to the OCS air regulations.

**DATES :**  Written comments must be received on or before February 22, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R10–OAR–2009–0799, by one of the following methods:

A. Federal eRulemaking Portal: http://www.regulations.gov: Follow the on-line instructions for submitting comments;

B. E-Mail: greaves.natasha@epa.gov; C. Mail: Natasha Greaves, Federal and Delegated Air Programs Unit, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT–107, Seattle, WA 98101;

D. Hand Delivery: U.S. Environmental Protection Agency Region 10, Attn: Natasha Greaves (AWT–107), 1200 Sixth Avenue, Seattle, Washington 98101, 9th Floor. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Natasha Greaves, Federal and Delegated Air Programs Unit, Office of Air, Waste, and Toxics, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT–107, Seattle, WA 98101;telephone number: (206) 553–7079; email address: greaves.natasha@epa.gov

. **SUPPLEMENTARY INFORMATION :**  For further information, please see the direct final action, of the same title, which is located in the Rules section of this Federal Register. EPA is incorporating 18 AAC 50.410 as amended through June 18, 2009 as a direct final rule without prior proposal because EPA views this as noncontroversial and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule.

If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if we receive adverse comments on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse
comment. Administrative Requirements

Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of States’ seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA’s role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the Clean Air Act. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of policy discretion by EPA. For that reason, this action: