Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations 51949 

1 In the May 27, 2010, letters, EPA inadvertently 

identified incorrect submittal dates for North 

Carolina and South Carolina’s SIP submissions. On 

June 18, 2010, EPA sent letters to North Carolina 

and South Carolina to correct the dates of the SIP 

submissions. 

11.6.4 Tobacco Product Shipments to 

APO/FPO/DPO 

Shipments of cigarettes and smokeless 

tobacco may not be sent to APO/FPO/ 

DPO destination addresses to which the 

mailing of tobacco is restricted (see 

703.2.3.1). To the extent cigarettes or 

smokeless tobacco are permitted to be 

mailed to an APO/FPO/DPO destination 

addresses, such mailings under the 

certain individuals exception must 

comply with all of the requirements of 

11.6, with the exception that mailings 

may be entered as either Express Mail 

Military Service (EMMS) or Priority 

Mail service with Delivery 

Confirmation. Regardless of the service 

elected, the mailing must bear the full 

name and mailing address of the sender 

and recipient. 

* * * * * 

We will publish an amendment to 39 

CFR part 111 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–20835 Filed 8–23–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0043–201024; FRL– 

9192–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Carolina and South Carolina; 

Charlotte-Gastonia-Rock Hill, North 

Carolina–South Carolina; Notice of 

Completeness Determination for the 

Purpose of Stopping Sanctions Clock 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Letter to Governor 

Regarding Completeness and Stopping 

of Sanctions Clock. 

SUMMARY: EPA is now giving notice of 

an action that EPA has already taken to 

find two State Implementation Plan 

(SIP) revisions complete and stop 

sanctions clocks associated with the 

Charlotte-Gastonia-Rock Hill North 

Carolina, South Carolina 1997 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘bi-state Charlotte 

Area’’). Pursuant to the Clean Air Act 

(CAA) and its implementing regulations, 

EPA has made an affirmative 

determination of completeness for the 

attainment demonstrations submitted by 

the States of North Carolina and South 

Carolina the bi-state Charlotte Area. On 

May 27, 2010, letters announcing this 

determination were sent to the 

Governors of North Carolina and South 

Carolina, effectively stopping the 

sanctions clock started on May 8, 2009, 

by a finding of failure to submit the 

attainment demonstrations. This notice 

is simply an announcement of a 

determination that EPA has already 

made. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–0043. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 through http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: Effective 

June 15, 2004, the bi-state Charlotte 

Area was designated nonattainment for 

the 8-hour ozone national ambient air 

quality standards (NAAQS) with a 

moderate classification. The bi-state 

Charlotte Area is comprised of Cabarrus, 

Gaston, Lincoln, Mecklenburg, Rowan, 

Union and a portion of Iredell 

(Davidson and Coddle Creek 

Townships) Counties in North Carolina; 

and a portion of York County, South 

Carolina. For the 1997 8-hour ozone 

NAAQS, States were required to submit 

an attainment demonstration, 

reasonable further progress plan, and 

reasonable available control technology 

submittals (for areas classified as 

moderate or above) by June 15, 2007. 

EPA received the required submittals 

from North Carolina on June 15, 2007, 

and South Carolina on August 31, 2007. 

On December 19, 2008, and December 

22, 2008, the States of North Carolina 

and South Carolina, respectively, 

submitted letters to EPA withdrawing 

their attainment demonstrations for the 

bi-state Charlotte Area. On May 8, 2009, 

EPA published a finding of failure to 

submit final rulemaking for North 

Carolina and South Carolina for these 

required SIPs. 74 FR 21550. 

On November 12, 2009, and April 5, 

2010, North Carolina submitted all 

components of the North Carolina 

attainment demonstration SIP for North 

Carolina’s portion of the bi-state 

Charlotte Area. On November 13, 2009, 

and April 29, 2010, South Carolina 

submitted all components of the 

attainment demonstration SIP for South 

Carolina’s portion of the bi-state 

Charlotte Area. EPA has done a 

completeness review, in accordance 

with Section 2.0 ‘‘Criteria’’ of Appendix 

V of 40 CFR Part 51—Criteria for 

Determining the Completeness of Plan 

Submissions, to ensure that the States 

have submitted all of the required 

information for the SIP submissions. 

As explained in the letters sent by 

EPA to the Governors of North and 

South Carolina, on May 27, 2010,1 EPA 

has determined that the States have 

corrected the deficiency identified in 

EPA’s promulgated finding of failure to 

submit the required attainment 

demonstration SIPs for the bi-state 

Charlotte Area. Specifically, EPA has 

determined that both North Carolina 

and South Carolina have submitted 

complete SIP submittals for the bi-state 

Charlotte Area to meet the CAA 

requirement for attainment 

demonstrations for moderate 

nonattainment areas under the 1997 

8-hour ozone NAAQS. EPA will make a 

determination on the approvability of 

these attainment demonstration SIPs for 

the bi-state Charlotte Area in a separate 

action. This announcement only relates 

to a completeness determination for the 

attainment demonstration SIPs for the 

bi-state Charlotte Area, and is separate 

from EPA’s determination of 

approvability of these attainment 

demonstrations. This action is simply a 

notice of a determination that EPA 

already made through correspondence 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
51950 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations 

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. 

with the Governors of North and South 

Carolina. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 11, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–20989 Filed 8–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2010–0442; A–1–FRL– 

9167–7] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an update 

to 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 (‘‘COA’’), 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 

Commonwealth of Massachusetts. The 

intended effect of approving the OCS 

requirements for the Commonwealth of 

Massachusetts is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. The change 

to the existing requirements discussed 

below is incorporated by reference into 

the Code of Federal Regulations and is 

listed in the appendix to the OCS air 

regulations. 

DATES: This direct final rule will be 

effective October 25, 2010, unless EPA 

receives adverse comments by 

September 23, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in this rule is approved by the Director 

of the Federal Register as of October 25, 

2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0442 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0442’’, 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics and 

Indoor Air Unit, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Air Unit, Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0442. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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, 

i.e., 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 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, Boston, MA. 

EPA requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail Code OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1653, fax number 

(617) 918–0653, e-mail 

mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. EPA’s Evaluation 

III. EPA’s Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from Outer Continental Shelf 

(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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1