9650 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

Priority Mail Contract 26 (MC2010–31 and 

CP2010–76) 

Priority Mail Contract 27 (MC2010–32 and 

CP2010–77) 

Priority Mail Contract 28 (MC2011–2 and 

CP2011–3) 

Priority Mail Contract 29 (MC2011–3 and 

CP2011–4) 

Priority Mail Contract 30 (MC2011–9 and 

CP2011–44) 

Priority Mail Contract 31 (MC2011–10 and 

CP2011–46) 

Priority Mail Contract 32 (MC2011–11 and 

CP2011–47) 

Priority Mail Contract 33 (MC2011–13 and 

CP2011–49) 

Priority Mail Contract 34 (MC2011–17 and 

CP2011–56) 

Priority Mail Contract 35 (MC2011–18 and 

CP2011–57) 

Priority Mail–Non-Published Rates 

Priority Mail–Non-Published Rates 1 

(MC2011–15 and CP2011–51) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 (MC2009–26 and 

CP2009–36) 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, CP2008–13, CP2008–18, CP2008–19, 

CP2008–20, CP2008–21, CP2008–22, 

CP2008–23 and CP2008–24) 

Global Expedited Package Services 2 

(CP2009–50) 

Global Expedited Package Services 3 

(MC2010–28 and CP2010–71) 

Global Expedited Package Services—Nonpublished Rates 2 (MC2010–29 and 

CP2011–45) 

Global Plus Contracts 

Global Plus 1 (CP2008–8, CP2008–46 and 

CP2009–47) 

Global Plus 1A (MC2010–26, CP2010–67 

and CP2010–68) 

Global Plus 1B (MC2011–7, CP2011–39 

and CP2011–40) 

Global Plus 2 (MC2008–7, CP2008–48 and 

CP2008–49) 

Global Plus 2A (MC2010–27, CP2010–69 

and CP2010–70) 

Global Plus 2B (MC2011–8, CP2011–41 

and CP2011–42) 

Inbound International 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 1 (MC2010–34 and CP2010– 

95) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and MC2008– 

15) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 1 

(MC2008–6 and CP2009–62) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

International Business Reply Service 

Competitive Contract 2 (MC2010–18, 

CP2010–21 and CP2010–22) 

Competitive Product Descriptions 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Priority 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M–Bags 

Global Customized Shipping Services 

International Money Transfer Service 

Inbound Surface Parcel Post (at non-UPU 

rates) 

International Ancillary Services 

International Certificate of Mailing 

International Registered Mail 

International Return Receipt 

International Restricted Delivery 

International Insurance 

Negotiated Service Agreements 

Domestic 

Outbound International 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. 2011–3805 Filed 2–18–11; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0011; FRL–9268–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendment to the Definition 

of Fuel-Burning Equipment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP) amending the definition of ‘‘fuelburning equipment.’’ The revision 

removes the word ‘‘furnace’’ from the 

definition of ‘‘fuel-burning equipment’’ 

in one of Maryland’s regulations and 

also removes the redundant definition 

of ‘‘fuel-burning equipment’’ from 

another section. EPA is approving these 

revisions to the definition of ‘‘fuelburning equipment’’ in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on April 25, 

2011 without further notice, unless EPA 

receives adverse written comment by 

March 24, 2011. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0011 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0011, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0011. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Website 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 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9651 

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 http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The term ‘‘fuel-burning equipment’’ 

was originally defined in order to 

differentiate between a boiler that 

involves the indirect heating of air or 

water and fuel-burning installations that 

involve direct heat exchange. Fuelburning installations, such as a kiln, are 

subject to the general requirements for 

sulfur dioxide (SO2) and particulate 

matter, whereas fuel-burning equipment 

is subject to different standards in the 

form of pounds of SO2 per million 

(British thermal unit) Btu per hour heat 

input or the sulfur content of the fuel. 

Since a ‘‘furnace’’ is usually direct 

heat exchange, the State of Maryland 

concludes that it should not be included 

in the definition of ‘‘fuel-burning 

equipment’’. There is no Federal 

definition of the term ‘‘fuel-burning 

equipment,’’ however, the term ‘‘fuelburning equipment’’ is consistent with 

the Federal definition of the term 

‘‘boiler.’’ 

II. Summary of SIP Revision 

On December 15, 2010, the State of 

Maryland submitted a formal revision 

(#10–10) to its State Implementation 

Plan (SIP). The SIP revision consists of 

amendments to Regulation .01 under 

COMAR 26.11.01, General 

Administrative Provisions and 

Regulation .01 under COMAR 26.11.09, 

Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations. 

The revision removes the word 

‘‘furnace’’ from the definition of ‘‘fuelburning equipment’’ in COMAR 

26.11.01.01 and also removes the 

redundant definition of ‘‘fuel-burning 

equipment’’ from COMAR 26.11.09.01. 

III. Final Action 

EPA is approving Maryland’s revision 

which removes the word ‘‘furnace’’ from 

the definition of ‘‘fuel-burning 

equipment’’ in COMAR 26.11.01.01 and 

also removes the redundant definition 

of ‘‘fuel-burning equipment’’ from 

COMAR 26.11.09.01. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on April 

25, 2011 without further notice unless 

EPA receives adverse comment by 

March 24, 2011. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment 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. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

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9652 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

circuit by April 25, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action which 

pertains to Maryland’s amendment to 

the definition of ‘‘fuel-burning 

equipment’’ may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Sulfur 

oxides. 

Dated: February 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entries 

for COMAR 26.11.01.01 and COMAR 

26.11.09.01 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland 

administrative regulations 

(COMAR) 

citation 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 .............................. Definitions ......................... 9/20/10 2/22/11, [Insert page number where the document 

begins].

Revision to paragraph .01B(17). 

* * * * * * * 

26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 

26.11.09.01 .............................. Definitions ......................... 9/20/10 2/22/11, [Insert page number where the document 

begins].

Revision removes definition of 

‘‘fuel-burning equipment’’. 

*******

* * * * * 

[FR Doc. 2011–3722 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[DC103–2051; FRL–9267–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by the District of Columbia 

that are incorporated by reference (IBR) 

into the State implementation plan 

(SIP). The regulations affected by this 

update have been previously submitted 

by the State agency and approved by 

EPA. This update affects the SIP 

materials that are available for public 

inspection at the National Archives and 

Records Administration (NARA), the 

Air and Radiation Docket and 

Information Center located at EPA 

Headquarters in Washington, DC and 

the EPA Regional Office. 

DATES: Effective Date: This action is 

effective February 22, 2011. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room Number 3334, EPA 

West Building, Washington, DC 20460; 

or the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

its unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and Office 

of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

(‘‘Identification’’) of plan format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

December 7, 1998, (63 FR 67407) EPA 

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