Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 11387 

to operators from type design 

requirements that the operators would 

have been out of compliance with once 

the actions mandated in AD 2011–04–09 

were completed. No changes to SFAR 

111 were made as a result of this 

comment. 

Boeing also suggested that the SFAR 

be clarified to allow the applicant for a 

type certificate to receive a production 

certificate and an airworthiness 

approval for domestic operators affected 

by AD 2011–04–09 (14 CFR part 121 

operators) or for foreign operators (14 

CFR part 129) in countries where the 

local civil aviation authority has issued 

a mandatory action equivalent to AD 

2011–04–09. We infer that Boeing is 

requesting we clarify SFAR 111 for 

airplanes registered outside the United 

States because only foreign registered 

airplanes could be subject to a 

mandatory action similar to AD 2011– 

04–09. We disagree because SFAR 111 

does not apply to airplanes registered 

outside the United States. We cannot 

provide relief from airworthiness 

standards issued by civil aviation 

authorities in other countries. The 

responsible civil aviation authority must 

grant relief from an airworthiness 

standard. Furthermore, SFAR 111, 

paragraph (b)(2) already provides this 

relief for airplanes registered in the 

United States but operated by foreign 

carriers. No changes were made to the 

SFAR as a result of this comment. 

Boeing suggested paragraph (c) of the 

SFAR be revised to indicate that it is the 

operators’ responsibility to provide 

flightcrew training procedures for 

airplanes with a disabled lavatory 

oxygen system. We disagree that this 

clarification is necessary because the 

SFAR does not include a requirement to 

revise existing flightcrew training 

procedures. Operators currently have 

the option to add or revise existing 

training for the cabin or flightcrew as 

they deem necessary. No changes were 

made to the SFAR as a result of this 

comment. 

Aerox Aviation provided information 

pertaining to the availability of a small 

portable, gaseous oxygen supply and 

stated that such equipment could 

provide an emergency oxygen supply. 

We are familiar with the Aerox portable 

oxygen equipment as well as other 

portable oxygen equipment from other 

suppliers. It is possible for operators to 

incorporate installation of portable 

gaseous oxygen equipment for use in the 

lavatory under existing regulations. If 

such equipment were to be installed, it 

would need to be approved by the FAA 

in accordance with existing procedures 

applicable to type design changes. 

Neither AD 2011–04–09 nor SFAR 111 

would prevent installation of portable 

gaseous oxygen equipment for use in the 

lavatory. No changes were made to the 

SFAR as a result of this comment. 

Conclusion 

After analyzing the comments 

submitted in response to SFAR 111, the 

FAA has determined that no further 

revisions to the SFAR are necessary at 

this time. The FAA determined this 

interim rule remains necessary because 

it addresses an emergency safety 

situation that made it imperative to 

immediately implement the 

rulemaking’s provisions. While the 

chemical oxygen supply is intended to 

provide passengers with supplemental 

oxygen when necessary, lavatories 

become privately enclosed areas when 

in use. Possible tampering with that 

chemical oxygen supply presented a 

security vulnerability that this 

rulemaking addresses. Therefore, 

Amendments 21–94, 25–133, 121–354, 

and 129–50 remain in effect. 

The FAA is currently assessing the 

recommendations of the ARC discussed 

above. We are using these 

recommendations to develop additional 

rulemaking actions that will restore the 

affected oxygen systems to their full 

operational capability in existing and 

new certifications of affected aircraft, 

while eliminating the potential security 

threat posed by the previous systems. 

Issued in Washington, DC, on February 15, 

2012. 

Frank P. Paskiewicz, 

Deputy Director, Aircraft Certification 

Service. 

[FR Doc. 2012–4571 Filed 2–24–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0068] 

RIN 1625–AA00 

Safety Zone; Lauderdale Air Show, 

Atlantic Ocean, Fort Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Atlantic Ocean in the 

vicinity of Fort Lauderdale, Florida 

during the Lauderdale Air Show. The 

event is scheduled to take place on 

Saturday, April 28, 2012 and Sunday, 

April 29, 2012. The safety zone is 

necessary for the safety of air show 

participants, participant aircraft, 

spectators, and the general public 

during the event. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Miami or a 

designated representative. 

DATES: This rule is effective from 

11 a.m. on April 28, 2012 through 4:15 

p.m. on April 29, 2012. This rule will 

be enforced daily from 11 a.m. until 

4:15 p.m. on April 28, 2012 and April 

29, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0068 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0068 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, 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 FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Lieutenant 

Jennifer S. Makowski, Sector Miami 

Prevention Department, Coast Guard; 

telephone (305) 535–8724, email 

Jennifer.S.Makowski@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive necessary 

information regarding the event until 

January 17, 2012. As a result, the Coast 

Guard did not have sufficient time to 

publish an NPRM and to receive public 

comments prior to the event. Any delay 

in the effective date of this rule would 

be contrary to the public interest 


wreier-aviles on DSK5TPTVN1PROD with RULES
11388 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 

because immediate action is needed to 

minimize potential danger to air show 

participants, participant aircraft, 

spectators, and the general public. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Public Law 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of the rule is to protect 

air show participants, participant 

aircraft, spectators, and the general 

public from hazards associated with 

aircraft take-offs and landings, as well as 

hazards associated with aircraft 

performing aerobatic maneuvers over 

navigable waters of the United States. 

Discussion of Rule 

On April 28, 2012 and April 29, 2012, 

the National Air, Sea, and Space 

Foundation is hosting the Lauderdale 

Air Show in Fort Lauderdale, Florida. 

The Lauderdale Air Show will include 

numerous aircraft engaging in aerobatic 

maneuvers over the Atlantic Ocean. It is 

expected that approximately 120 

spectator vessels will be present in the 

area during the event. The high speed at 

which participant aircraft will be 

traveling and the maneuvers they will 

be performing pose a safety hazard to air 

show participants, participant aircraft, 

spectators, and the general public. 

The safety zone encompasses certain 

navigable waters of the Atlantic Ocean 

in the vicinity of Fort Lauderdale, 

Florida. The safety zone will be 

enforced daily from 11 a.m. until 

4:15 p.m. on April 28, 2012 and April 

29, 2012. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Miami or a 

designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within the safety 

zone may contact the Captain of the Port 

Miami by telephone at (305) 535–4472, 

or a designated representative via VHF 

radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

Captain of the Port Miami or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Miami or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will be enforced for 

only 101⁄2 hours; (2) although persons 

and vessels will not be able to enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the Captain of the 

Port Miami or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement periods; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone if authorized by the Captain of the 

Port Miami or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of the Atlantic Ocean 

encompassed within the safety zone 

from 11 a.m. on April 28, 2012 through 

4:15 p.m. on April 29, 2012. For the 

reasons discussed in the Regulatory 

Planning and Review section above, this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 11389 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone that will be enforced for a total of 

101⁄2 hours. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0068 to 

read as follows: 

§ 165.T07–0068 Safety Zone; Lauderdale 

Air Show, Atlantic Ocean, Fort Lauderdale, 

FL. 

(a) Regulated area. The following 

regulated area is a safety zone. All 

waters of the Atlantic Ocean in the 

vicinity of Fort Lauderdale, Florida that 

are encompassed within an imaginary 

line connecting the following points: 

starting at Point 1 in position 26°09′26′′ 

N, 80°05′54′′ W; thence east to Point 2 

in position 26°09′21′′ N, 80°05′14′′ W; 

thence south to Point 3 in position 

26°07′24′′ N, 80°05′30′′ W; thence west 

to Point 4 in position 26°07′28′′ N, 

80°06′09’’ W; thence north back to 

origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Miami or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Miami by 

telephone at (305) 535–4472, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective date and enforcement 

periods. This rule is effective from 

11 a.m. on April 28, 2012 through 

4:15 p.m. on April 29, 2012. This rule 

will be enforced daily from 11 a.m. until 

4:15 p.m. on April 28, 2012 and April 

29, 2012. 


wreier-aviles on DSK5TPTVN1PROD with RULES
11390 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 

Dated: February 8, 2012. 

G.J. Depinet, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2012–4452 Filed 2–24–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2012–0117; FRL–9635–7] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; Nevada 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending certain 

regulations to reflect the current 

delegation status of national emission 

standards for hazardous air pollutants 

(NESHAP) in Nevada. Several NESHAP 

were delegated to the Nevada Division 

of Environmental Protection on October 

6, 2011. The purpose of this action is to 

update the listing in the Code of Federal 

Regulations. 

DATES: This rule is effective on April 27, 

2012 without further notice, unless EPA 

receives adverse comments by March 

28, 2012. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0117, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or delivery: Andrew Steckel 

(AIR–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

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

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Rynda Kay, EPA Region IX, (415) 947– 

4118, kay.rynda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. Delegation of NESHAP 

B. NDEP Delegations 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

A. Delegation of NESHAP 

Section 112(l) of the Clean Air Act, as 

amended in 1990 (CAA), authorizes 

EPA to delegate to State or local air 

pollution control agencies the authority 

to implement and enforce the standards 

set out in the Code of Federal 

Regulations, Title 40 (40 CFR), part 63, 

National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories. On November 26, 1993, EPA 

promulgated regulations, codified at 40 

CFR part 63, Subpart E (hereinafter 

referred to as ‘‘Subpart E’’), establishing 

procedures for EPA’s approval of State 

rules or programs under section 112(l) 

(see 58 FR 62262). Subpart E was later 

amended on September 14, 2000 (see 65 

FR 55810). 

Any request for approval under CAA 

section 112(l) must meet the approval 

criteria in 112(l)(5) and Subpart E. To 

streamline the approval process for 

future applications, a State or local 

agency may submit a one-time 

demonstration that it has adequate 

authorities and resources to implement 

and enforce any CAA section 112 

standards. If such demonstration is 

approved, then the State or local agency 

would no longer need to resubmit a 

demonstration of these same authorities 

and resources for every subsequent 

request for delegation of CAA section 

112 standards. However, EPA maintains 

the authority to withdraw its approval if 

the State does not adequately 

implement or enforce an approved rule 

or program. 

B. NDEP Delegations 

On May 27, 1998, EPA published a 

direct final action delegating to the 

NDEP several NESHAP and approving 

NDEP’s delegation mechanism for future 

standards (see 63 FR 28906). That action 

explained the procedure for EPA to 

grant future delegations to NDEP by 

letter, with periodic Federal Register 

listings of standards that have been 

delegated. On August 19, 2011, NDEP 

requested delegation of the following 

NESHAP contained in 40 CFR part 63: 

• The amendments to Subpart LLL— 

NESHAP from the Portland Cement 

Manufacturing Industry, as set forth in 

75 FR 54970 (September 9, 2010). 

• The amendments to Subpart 

ZZZZ—NESHAP for Stationary 

Reciprocating Internal Combustion 

Engines, as set forth in 75 FR 51570 

(August 20, 2010) and 76 FR 12863 

(March 9, 2011). 

• Subpart DDDDD—NESHAP for 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters. 

• Subpart BBBBBB—NESHAP for 

Source Category: Gasoline Distribution 

Bulk Terminals, Bulk Plants, and 

Pipeline Facilities. 

• Subpart CCCCCC—NESHAP for 

Source Category: Gasoline Dispensing 

Facilities. 

• Subpart HHHHHH—NESHAP: 

Paint Stripping and Miscellaneous 

Surface Coating Operations at Area 

Sources. 

• Subpart JJJJJJ—NESHAP for 

Industrial, Commercial, and 

Institutional Boilers Area Sources. 

• Subpart VVVVVV—NESHAP for 

Chemical Manufacturing Area Sources. 

• Subpart WWWWWW—NESHAP: 

Area Source Standards for Plating and 

Polishing Operations. 

• Subpart XXXXXX—NESHAP Area 

Source Standards for Nine Metal 

Fabrication and Finishing Source 

Categories. 

• Subpart ZZZZZZ—NESHAP: Area 

Source Standards for Aluminum, 

Copper, and Other Nonferrous 

Foundries. 


wreier-aviles on DSK5TPTVN1PROD with RULES