7518 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

(2) Add § 165.T08–1097 to read as 

follows: 

§ 165.T08–1097 Safety Zone; Upper 

Mississippi River, Mile 842.0 to 839.5. 

(a) Location. The following area is a 

safety zone: All waters of the Upper 

Mississippi River, Mile 842.0 to 839.5 

extending the entire width of the 

waterway. 

(b) Effective date. This rule is effective 

from 6:30 a.m. until 10:30 a.m. on July 

24, 2011. 

(c) Periods of Enforcement. This rule 

will be enforced from 6:30 a.m. until 

10:30 a.m. CST on July 24, 2011. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 314– 

269–2332. 

(3) All persons and vessels must 

comply with the instruction of the 

Captain of the Port Upper Mississippi 

River or their designated representative. 

Designated Captain of the Port 

representatives includes United States 

Coast Guard commissioned, warrant, 

and petty officers of the U.S. Coast 

Guard. 

Dated: January 25, 2011. 

S.L. Hudson, 

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

Port Upper Mississippi River. 

[FR Doc. 2011–2860 Filed 2–9–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2011–0045; FRL–9265–3] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to 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, as 

mandated by the Clean Air Act (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources in 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 accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before March 14, 2011. 

ADDRESSES: Submit your comments, 

identified by docket number EPA–R10– 

OAR–2011–0045, 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. 

Instructions: Direct your comments to 

docket number. EPA–R10–OAR–2011– 

0045. 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. 

Information that you consider CBI or 

otherwise protected should be clearly 

identified as such and should not be 

submitted through 

http://www.regulations.gov. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

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, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, U.S. 

Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Seattle, 

Washington 98101. 

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: 

Table of Contents 

I. Background Information 

Why is EPA taking this action? 

II. EPA’s Evaluation 

What criteria were used to evaluate rules 

submitted to update 40 CFR part 55? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 7519 

1The reader may refer to the Notice of Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

2Each COA which has been delegated the 

authority to implement and enforce part 55, will 

use its administrative and procedural rules as 

onshore. However, in those instances where EPA 

has not delegated authority to implement and 

enforce part 55, as in Alaska, EPA will use its own 

administrative and procedural requirements to 

implement the substantive requirements. See 40 

CFR 55.14 (c)(4). 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

I. Background Information 

Why is EPA taking this action? 

On September 4, 1992, EPA 

promulgated 40 CFR part 55 (the OCS 

rule),1 which established requirements 

to control air pollution from OCS 

sources in order to attain and maintain 

federal and state ambient air quality 

standards and to comply with the 

provisions of part C of title I of the Act. 

Part 55 applies to all OCS sources 

offshore of the States except those 

located in the Gulf of Mexico west of 

87.5 degrees longitude. Section 328 of 

the Act requires that for such sources 

located within 25 miles of a State’s 

seaward boundary, the requirements 

shall be the same as would be 

applicable if the sources were located in 

the corresponding onshore area 

(‘‘COA’’.) Because the OCS requirements 

are based on onshore requirements, and 

onshore requirements may change, 

section 328(a)(1) of the Act requires that 

EPA update the OCS requirements as 

necessary to maintain consistency with 

onshore requirements. 

Pursuant to section 55.12 of the OCS 

rule, consistency reviews will occur (1) 

At least annually; (2) upon receipt of a 

Notice of Intent under section 40 CFR 

55.4; or (3) when a state or local agency 

submits a rule to EPA to be considered 

for incorporation by reference in part 

55. This proposed action is being taken 

in response to the submittal of a Notice 

of Intent on December 10, 2010 by Shell 

Offshore, Inc. Public comments received 

in writing within 30 days of publication 

of this proposed rule will be considered 

by EPA before publishing a final rule. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of States’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s state implementation plan 

(‘‘SIP’’) guidance or certain requirements 

of the Act. 

Consistency updates may result in the 

inclusion of state or local rules or 

regulations into part 55, even though the 

same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. EPA’s Evaluation 

What criteria were used to evaluate 

rules to update 40 CFR part 55? 

In updating 40 CFR part 55, EPA 

reviewed the current COA rules for 

consistency with part 55 to ensure that 

they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure they are 

not arbitrary or capricious. 40 CFR 55.12 

(e). In addition, EPA has excluded 

administrative or procedural rules,2 and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of federal and state 

ambient air quality standards. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735 (October 4, 1993)), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (‘‘OMB’’) review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely to 

result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to OMB Review. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have created an adverse material 

effect. As required by section 328 of the 

Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. 

B. Paperwork Reduction Act 

The OMB has approved the 

information collection requirements 

contained in 40 CFR part 55, and by 

extension this update to the rules, under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0249. The OMB Notice of Action 

is dated January 15, 2009. The approval 

expires January 31, 2012. 

OMB’s Notice of Action dated January 

15, 2009 indicated that the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 112 hours per response. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 


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7520 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires an agency to 

conduct a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

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 not-for-profit 

enterprises, and small governmental 

jurisdictions. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. These OCS rules 

already apply in the COA, and EPA has 

no evidence to suggest that these OCS 

rules have had a significant economic 

impact on a substantial number of small 

entities. As required by section 328 of 

the Clean Air Act, this action simply 

updates the existing OCS requirements 

to make them consistent with rules in 

the COA. Therefore, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may result 

in expenditures to State, local, and 

tribal governments, in the aggregate, or 

to the private sector, of $100 million of 

more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed under section 203 of the 

UMRA a small government agency plan. 

The plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s proposed rule contains no 

Federal mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector that may result in 

expenditures of $100 million or more 

for State, local, or tribal governments, in 

the aggregate, or to the private sector in 

any one year. This rule implements 

requirements specifically and explicitly 

set forth by the Congress in section 328 

of the Clean Air Act without the 

exercise of any policy discretion by 

EPA. These OCS rules already apply in 

the COA, and EPA has no evidence to 

suggest that these OCS rules have 

created an adverse material effect. As 

required by section 328 of the Clean Air 

Act, this action simply updates the 

existing OCS requirements to make 

them consistent with rules in the COA. 

E. Executive Order 13132: Federalism 

Executive Orders 13132, entitled 

‘‘Federalism’’ (64 FR 43255 (August 10, 

1999)), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

This proposed rule 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 rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. This rule 

does not amend the existing provisions 

within 40 CFR part 55 enabling 

delegation of OCS regulations to a COA, 

and this rule does not require the COA 

to implement the OCS rules. Thus, 

Executive Order 13132 does not apply 

to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comments on this 

proposed rule from State and local 

officials. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249 (November 9, 2000)), requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule 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 

and thus does not have ‘‘tribal 

implications,’’ within the meaning of 

Executive Order 13175. This rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In addition, 

this rule does not impose substantial 

direct compliance costs on tribal 

governments, nor preempt tribal law. 

Consultation with Indian tribes is 

therefore not required under Executive 

Order 13175. Nonetheless, in the spirit 

of Executive Order 13175 and consistent 

with EPA policy to promote 

communications between EPA and 

tribes, EPA specifically solicits 

comments on this proposed rule from 

tribal officials. 


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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 7521 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885 

(April 23, 1997)), applies to any rule 

that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This proposed rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866. In addition, the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportional risk to children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ [66 FR 28355 (May 

22, 2001)] because it is not a significant 

regulatory action under Executive Order 

12866. 

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, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable laws 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. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decided 

not to use available and applicable 

voluntary consensus standards. 

As discussed above, this rule 

implements requirements specifically 

and explicitly set forth by the Congress 

in section 328 of the Clean Air Act, 

without the exercise of any policy 

discretion by EPA. As required by 

section 328 of the Clean Air Act, this 

rule simply updates the existing OCS 

rules to make them consistent with 

current COA requirements. In the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards and in light of the fact that 

EPA is required to make the OCS rules 

consistent with current COA 

requirements, it would be inconsistent 

with applicable law for EPA to use 

voluntary consensus standards in this 

action. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

proposed rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 

consensus standards and to explain why 

such standards should be used in this 

regulation. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Nitrogen oxides, Outer 

Continental Shelf, Ozone, Particulate 

matter, Permits, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: February 2, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Title 40, chapter I of the Code of 

Federal Regulations, is proposed to be 

amended as follows: 

PART 55—[AMENDED] 

1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Act (42 

U.S.C. 7401, et seq.) as amended by Public 

Law 101–549. 

2. Section 55.14 is amended by 

revising paragraph (e)(2)(i)(A) to read as 

follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(2) * * * 

(i) * * * 

(A) State of Alaska Requirements 

Applicable to OCS Sources, December 9, 

2010. 

* * * * * 

3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘Alaska’’ to read as follows: 

Appendix A To Part 55—Listing of 

State and Local Requirements 

Incorporated by Reference Into Part 55, 

by State 

* * * * * 

Alaska 

(a) * * * 

(1) The following State of Alaska 

requirements are applicable to OCS Sources, 

December 9, 2010, Alaska Administrative 

Code—Department of Environmental 

Conservation. The following sections of Title 

18, Chapter 50: 

Article 1. Ambient Air Quality Management 

18 AAC 50.005. Purpose and Applicability of 

Chapter (effective 10/01/2004) 

18 AAC 50.010. Ambient Air Quality 

Standards (effective 04/01/2010) 

18 AAC 50.015. Air Quality Designations, 

Classification, and Control Regions 

(effective 12/09/2010) except (b)(1), 

(b)(3) and (d)(2) 

Table 1. Air Quality Classifications 

18 AAC 50.020. Baseline Dates and 

Maximum Allowable Increases (effective 

07/25/2008) 

Table 2. Baseline Dates 

Table 3. Maximum Allowable Increases 

18 AAC 50.025. Visibility and Other Special 

Protection Areas (effective 06/21/1998) 

18 AAC 50.030. State Air Quality Control 

Plan (effective 10/29/2010) 

18 AAC 50.035. Documents, Procedures, and 

Methods Adopted by Reference (effective 

04/01/2010) 

18 AAC 50.040. Federal Standards Adopted 

by Reference (effective12/09/2010) 

except (h)(2) 

18 AAC 50.045. Prohibitions (effective 10/01/ 

2004) 

18 AAC 50.050. Incinerator Emissions 

Standards (effective 07/25/2008) 

Table 4. Particulate Matter Standards for 

Incinerators 

18 AAC 50.055. Industrial Processes and 

Fuel-Burning Equipment (effective 12/ 

09/2010) except (a)(3) through (a)(9), 

(b)(2)(A), (b)(3) through (b)(6), (e) and (f) 

18 AAC 50.065. Open Burning (effective 01/ 

18/1997) 

18 AAC 50.070. Marine Vessel Visible 

Emission Standards (effective 06/21/ 

1998) 

18 AAC 50.075. Wood-Fired Heating Device 

Visible Emission Standards (effective 05/ 

06/2009) 

18 AAC 50.080. Ice Fog Standards (effective 

01/18/1997) 

18 AAC 50.085. Volatile Liquid Storage Tank 

Emission Standards (effective 01/18/ 

1997) 

18 AAC 50.090. Volatile Liquid Loading 

Racks and Delivery Tank Emission 

Standards (effective 07/25/2008) 

18 AAC 50.100. Nonroad Engines (effective 

10/01/2004) 

18 AAC 50.110. Air Pollution Prohibited 

(effective 05/26/1972) 

Article 2. Program Administration 

18 AAC 50.200. Information Requests 

(effective 10/01/2004) 

18 AAC 50.201. Ambient Air Quality 

Investigation (effective 10/01/2004) 


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7522 Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Proposed Rules 

18 AAC 50.205. Certification (effective 10/01/ 

2004) except (b) 

18 AAC 50.215. Ambient Air Quality 

Analysis Methods (effective 10/29/2010) 

Table 5. Significant Impact Levels (SILs) 

18 AAC 50.220. Enforceable Test Methods 

(effective 10/01/2004) 

18 AAC 50.225 Owner-Requested Limits 

(effective 12/09/2010) except (c) through 

(g) 

18 AAC 50.230. Preapproved Emission 

Limits (effective 07/01/2010) except (d) 

18 AAC 50.235. Unavoidable Emergencies 

and Malfunctions (effective 10/01/2004) 

18 AAC 50.240. Excess Emissions (effective 

10/01/2004) 

18 AAC 50.245. Air Episodes and Advisories 

(effective 10/01/2004) 

Table 6. Concentrations Triggering an Air 

Episode 

Article 3. Major Stationary Source Permits 

18 AAC 50.301. Permit Continuity (effective 

10/01/2004) except (b) 

18 AAC 50.302. Construction Permits 

(effective 12/09/2010) 

18 AAC 50.306. Prevention of Significant 

Deterioration (PSD) Permits (effective 12/ 

09/2010) except (c) and (e) 

18 AAC 50.311. Nonattainment Area Major 

Stationary Source Permits (effective 10/ 

01/2004) except (c) 

18 AAC 50.316. Preconstruction Review for 

Construction or Reconstruction of a 

Major Source of Hazardous Air 

Pollutants (effective 12/01/2004) except 

(c) 

18 AAC 50.321. Case-By-Case Maximum 

Achievable Control Technology 

(effective 12/01/04) 

18 AAC 50.326. Title V Operating Permits 

(effective12/01/2004) except (c)(1), (h), 

(i)(3), (j)(5), (j)(6), (k)(1), (k)(3), (k)(5), and 

(k)(6) 

18 AAC 50.345. Construction, Minor and 

Operating Permits: Standard Permit 

Conditions (effective 11/09/2008) 

18 AAC 50.346. Construction and Operating 

Permits: Other Permit Conditions 

(effective 12/09/2010) 

Table 7. Standard Operating Permit 

Condition 

Article 4. User Fees 

18 AAC 50.400. Permit Administration Fees 

(effective 07/01/2010) except (a)(2), 

(a)(5), (j)(2) through (j)(5), (j)(8), and 

(j)(13) 

18 AAC 50.403. Negotiated Service 

Agreements (effective 07/01/2010) 

18 AAC 50.410. Emission Fees (effective 07/ 

10/2010) 

18 AAC 50.499. Definition for User Fee 

Requirements (effective 01/29/2005) 

Article 5. Minor Permits 

18 AAC 50.502. Minor Permits for Air 

Quality Protection (effective 12/09/2010) 

except (b)(1) through (b)(3), (b)(5), 

(d)(1)(A) and (d)(2)(A) 

18 AAC 50.508. Minor Permits Requested by 

the Owner or Operator (effective 12/07/ 

2010) 

18 AAC 50.510. Minor Permit—Title V 

Permit Interface (effective 12/09/2010) 

18 AAC 50.540. Minor Permit: Application 

(effective 12/09/2010) 

18 AAC 50.542. Minor Permit: Review and 

Issuance (effective 12/09/2010) except 

(a), (b), (c), and (d) 

18 AAC 50.544. Minor Permits: Content 

(effective 12/09/2010) 

18 AAC 50.560. General Minor Permits 

(effective 10/01/2004) except (b) 

Article 9. General Provisions 

18 AAC 50.990. Definitions (effective 12/09/ 

2010) 

* * * * * 

[FR Doc. 2011–3004 Filed 2–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 24 

[FAR Case 2009–004; Docket 2010–0089, 

Sequence 2] 

RIN 9000–AL59 

Federal Acquisition Regulation; 

Enhancing Contract Transparency 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Advance notice of proposed 

rulemaking; withdrawal. 

SUMMARY: DoD, GSA, and NASA are 

issuing this document to summarize and 

respond to the comments received in 

response to the advance notice of 

proposed rulemaking published in the 

Federal Register at 75 FR 26916, May 

13, 2010. This information was used to 

determine if the FAR should be 

amended to provide for further 

transparency in Government contracts. 

DoD, GSA, and NASA acknowledge 

the comments and solutions provided 

and will take this information into 

account, at a later date, in determining 

if the FAR should be amended to further 

enhance transparency in Government 

contracting. 

At this time, DoD, GSA, and NASA do 

not plan to amend the FAR because 

some of the existing acquisition systems 

at http://www.acquisition.gov provide 

certain information on Government 

contracts that is readily available to the 

public, and most of the content of a 

contract solicitation or contract action 

not already available on one of the 

acquisition systems at http:// 

www.acquisition.gov is either standard 

FAR terms and conditions available at 

https://www.acquisition.gov/far/ 

index.html, agency specific terms and 

conditions available from the 

contracting agency Web site, or sensitive 

information that may be releasable 

under FOIA. 

DATES: The advance notice of proposed 

rulemaking published in the Federal 

Register at 75 FR 26916, May 13, 2010, 

is withdrawn as of February 10, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR Case 2009–004. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published an 

advance notice of proposed rulemaking 

in the Federal Register (75 FR 26916, 

May 13, 2010) requesting information 

that would assist in determining how 

best to amend the FAR to enable public 

posting of contract actions, should such 

posting become a requirement in the 

future, without compromising (1) 

contractors’ proprietary and confidential 

commercial or financial information or 

(2) Government-sensitive information. 

The transparency effort is intended to 

promote efficiency in Government 

contracting consistent with the 

Administration’s memorandum entitled 

Transparency and Open Government 

(January 21, 2009, available at: http:// 

www.whitehouse.gov/the_press_office/ 

TransparencyandOpenGovernment/). 

This is a significant regulatory action 

and, therefore, was subject to review 

under Section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

Discussion of Public Comments 

In response to the May notice, 15 

respondents, including Government 

agencies, industry associations, 

advocacy groups, and private 

individuals, submitted a total of 44 

comments. The comments fall into nine 

categories, each of which is discussed in 

the following sections. 

1. Public Meeting 

Comments: Two respondents 

commented on the usefulness of a 

public meeting. The first respondent 

favored a public meeting so that the 

costs associated with publicly posting 

contracts could be addressed. Another 

respondent stated that holding a public 

meeting on the methods by which 

contracts will be made public and the 

types of information that should be 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1