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 This SB superseded the earlier SB 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G–2004–0029, which is superseded, and 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) 

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

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 information 

provided 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 

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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 information 

provided 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—AIRBUS SERVICE INFORMATION

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, 2009. 

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, 

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

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: 

mstockstill on DSKH9S0YB1PROD with PROPOSALS