14584 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

proposed rulemaking because CBP had 

determined that: (1) The interim 

regulations involve a foreign affairs 

function of the United States pursuant 

to § 553(a)(1) of the APA; and (2) prior 

public notice and comment procedures 

on these regulations were impracticable, 

unnecessary, and contrary to the public 

interest pursuant to § 553(b)(B) of the 

APA. Because no notice of proposed 

rulemaking was required, the provisions 

of the Regulatory Flexibility Act, as 

amended (5 U.S.C. 601 et seq.), do not 

apply to this rulemaking. Accordingly, 

this final rule is not subject to the 

regulatory analysis requirements or 

other requirements of 5 U.S.C. 603 and 

604. 

Paperwork Reduction Act 

The collections of information in 

these regulations (the identification of 

the manufacturer on CBP Form 3461 

(Entry/Immediate Delivery) and CBP 

Form 7501 (Entry Summary)) have been 

previously reviewed and approved by 

the Office of Management and Budget in 

accordance with the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3507) under control numbers 1651–0024 

and 1651–0022, respectively. These 

regulations clarify that the manufacturer 

to be identified on entries of textile and 

apparel products must consist of the 

entity performing the origin-conferring 

operations. An agency may not conduct 

or sponsor and an individual is not 

required to respond to a collection of 

information unless it displays a valid 

OMB control number. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)) pertaining 

to the authority of the Secretary of the 

Treasury (or his/her delegate) to 

approve regulations related to certain 

customs revenue functions. 

List of Subjects in 19 CFR Part 102 

Customs duties and inspections, 

Imports, Reporting and recordkeeping 

requirements, Rules of origin, Trade 

agreements. 

Amendments to the Regulations 

Accordingly, the interim rule 

amending parts 12, 102, 141, 144, 146, 

and 163 of the CBP regulations (19 CFR 

parts 12, 102, 141, 144, 146 and 163), 

which was published at 70 FR 58009 on 

October 5, 2005, is adopted as a final 

rule with certain changes as discussed 

above and set forth below. 

PART 102—RULES OF ORIGIN 

■ 1. The general authority citation for 

part 102 continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 3314, 3592. 

■ 2. Section 102.23 is amended by 

revising paragraph (a) to read as follows: 

§ 102.23 Origin and manufacturer 

identification. 

(a) Textile or apparel product 

manufacturer identification. All 

commercial importations of textile or 

apparel products must identify on CBP 

Form 3461 (Entry/Immediate Delivery) 

and CBP Form 7501 (Entry Summary), 

and in all electronic data transmissions 

that require identification of the 

manufacturer, the manufacturer of such 

products through a manufacturer 

identification code (MID) constructed 

from the name and address of the entity 

performing the origin-conferring 

operations pursuant to § 102.21 or 

§ 102.22 of this part, as applicable. The 

code must be accurately constructed 

using the methodology set forth in the 

Appendix to this part, including the use 

of the two-letter International 

Organization for Standardization (ISO) 

code for the country of origin of such 

products. When a single entry is filed 

for products of more than one 

manufacturer, the products of each 

manufacturer must be separately 

identified. Importers must be able to 

demonstrate to CBP their use of 

reasonable care in determining the 

manufacturer. If an entry filed for such 

merchandise fails to include the MID 

properly constructed from the name and 

address of the manufacturer, the port 

director may reject the entry or take 

other appropriate action. For purposes 

of this paragraph, ‘‘textile or apparel 

products’’ means goods classifiable in 

Section XI, Harmonized Tariff Schedule 

of the United States (HTSUS), and goods 

classifiable in any 10-digit HTSUS 

number outside of Section XI with a 

three-digit textile category number 

assigned to the specific subheading. 

* * * * * 

■ 3. The Appendix to part 102 is 

amended by revising paragraph 1 and by 

adding a new example at the end of 

paragraph 7. Revised paragraph 1 and 

the addition to paragraph 7 read as 

follows: 

Appendix to Part 102—Textile and 

Apparel Manufacturer Identification 

Rules for Constructing the Manufacturer 

Identification Code (MID) 

1. Pursuant to § 102.23(a) of this part, all 

commercial importations of textile or apparel 

products, as defined in that paragraph, must 

identify on CBP Form 3461 (Entry/Immediate 

Delivery) and CBP Form 7501 (Entry 

Summary), and in all electronic data 

transmissions that require identification of 

the manufacturer, the manufacturer of such 

products through a manufacturer 

identification code (MID) constructed from 

the name and address of the entity 

performing the origin-conferring operations. 

The MID may be up to 15 characters in 

length, with no spaces inserted between the 

characters. 

* * * * * 

7. * * * 

A.B.C. COMPANY, 55–5 Hung To Road, P.O. 

Box 1234, Kowloon, Hong Kong; 

HKABCCOM1234HON. 

Alan Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: March 14, 2011. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2011–6253 Filed 3–16–11; 8:45 am] 

BILLING CODE 9111–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0952; FRL–9246–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Attainment Plan for Libby, 

MT PM2.5 Nonattainment Area and 

PM10 State Implementation Plan 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) revision 

submitted by the State of Montana on 

March 26, 2008. Montana submitted this 

SIP revision to meet Clean Air Act 

requirements for attaining the 1997 

annual fine Particulate Matter (PM2.5) 

national ambient air quality standard 

(NAAQS) for the Libby nonattainment 

area. The plan revision, herein called an 

‘‘attainment plan,’’ includes an 

attainment demonstration, an analysis 

of Reasonably Available Control 

Technology and Reasonably Available 

Control Measures (RACT/RACM), baseyear and projection year emission 

inventories, and contingency measures. 

The requirement for a Reasonable 

Further Progress (RFP) plan is satisfied 

because Montana projected that 

attainment with the 1997 annual PM2.5

NAAQS will occur in the Libby 

nonattainment area by April 2010. In 

addition, EPA is also approving 

revisions to the Lincoln County Air 

Pollution Control Program submitted by 

Montana on June 26, 2006, for inclusion 

into Libby’s attainment plan for 

purposes of the 1987 PM10 NAAQS. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 14585 

This submittal contains provisions, 

including contingency measures, for 

controlling both PM10 and PM2.5

emissions from woodstoves, road dust, 

and outdoor burning. Finally, EPA is 

finding on-road directly emitted PM2.5

and oxides of nitrogen (NOX) in the 

Libby, Montana nonattainment area 

insignificant for regional transportation 

conformity purposes. As a result of this 

finding the Libby, Montana 

nonattainment area will not have to 

perform a regional emissions analysis 

for either direct PM2.5 or NOX as part of 

future conformity determinations for the 

1997 annual PM2.5 NAAQS. 

DATES: Effective date: This final rule is 

effective April 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2006–0952. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that, if at all 

possible, you contact the individual 

listed in FOR FURTHER INFORMATION

CONTACT to view the hard copy of the 

docket. You may view the hard copy of 

the docket Monday through Friday, 

8 a.m. to 4 p.m., excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, Phone: (303) 312–6602, 

Fax: (303) 312–6064, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers. 

(v) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 10 micrometers. 

(vi) The word State or Montana refers 

to the State of Montana unless the 

context indicates otherwise. 

(vii) The initials NAAQS mean or 

refer to National Ambient Air Quality 

Standards. 

Table of Contents 

I. Background 

II. Public Comment 

III. EPA Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997 (62 FR 38652), EPA 

established the first PM2.5 NAAQS, 

including annual standards of 15.0 μg/ 

m3 based on a 3-year average of annual 

mean PM2.5 concentrations, and 24-hour 

(or daily) standards of 65 μg/m3 based 

on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

EPA designated the Libby area 

‘‘nonattainment’’ for the 1997 annual 

PM2.5 NAAQS under section 107(d)(1) of 

the CAA on April 5, 2005 (70 FR 944, 

986; see also 74 FR 58688, 58744–45). 

The specific geographic boundaries of 

this nonattainment area appear in 40 

CFR 81.327. 

On April 25, 2007, EPA issued the 

Clean Air Fine Particle Implementation 

Rule for the 1997 PM2.5 NAAQS (72 FR 

20586). The implementation rule 

describes the CAA framework and 

requirements for developing PM2.5

attainment plans. Among other things, 

an attainment plan must include a 

demonstration that a nonattainment area 

will meet the applicable NAAQS within 

the timeframe provided in the statute. It 

must also include supporting technical 

analyses and descriptions of all relevant 

adopted federal, state, and local 

regulations and control measures that 

have been implemented by the proposed 

attainment date. For the 1997 PM2.5

NAAQS, an attainment plan must show 

that a nonattainment area will attain the 

standard as expeditiously as practicable 

but within five years of designation 

(April 2010), or within up to ten years 

of designation (April 2015) if the EPA 

Administrator extends an area’s 

attainment date by 1–5 years based 

upon the severity of the nonattainment 

problem or the feasibility of 

implementing control measures. 

For each nonattainment area, the state 

must demonstrate that it has adopted all 

Reasonably Available Control 

Technology (RACT) and Reasonably 

Available Control Measures (RACM) 

needed to show that the area will attain 

the PM2.5 standards as expeditiously as 

practicable. Any measures that are 

necessary to meet these requirements 

which are not already either federally 

promulgated or part of the state’s SIP 

must be submitted in enforceable form 

as part of a state’s attainment plan. The 

implementation rule provides 

recommendations (including specific 

measures for certain source categories) 

that states should consider in 

developing RACT/RACM. The 

implementation rule also addresses 

other required elements of a state’s 

attainment plan, including emission 

inventories, the PM2.5 precursors that 

must be addressed in the plan, 

contingency measures, and motor 

vehicle emissions budgets used for 

transportation conformity purposes. 

On March 25, 2008, the Montana 

Board of Environmental Review (MBER) 

submitted revisions to meet the new 

attainment plan requirements for the 

Libby PM2.5 nonattainment area. On 

March 23, 2006, the MBER had 

previously submitted revisions to the 

existing PM10 SIP plan for Lincoln 

County (the county containing Libby). 

EPA elected to act on both of these 

revisions simultaneously. On September 

14, 2010 we proposed approval of both 

the PM2.5 attainment plan and the PM10

SIP revisions (75 FR 55713). 

The Libby attainment plan provided a 

demonstration that the 1997 annual 

PM2.5 NAAQS would be met by April 

2010 through the implementation of the 

revisions to the Lincoln County Air 

Pollution Control Program (Program) 

summarized below. Among other things, 

the Libby attainment plan includes an 

emissions inventory (EI), a woodstove 

air pollution control calculation, and a 

technical analysis showing that the 

emissions of PM2.5 will be reduced 

sufficiently to meet the NAAQS. 

The 2006 revisions to the PM10 SIP 

are also relevant to PM2.5 for the Libby 

nonattainment area. Several provisions 

are included to regulate solid fuel 

burning devices (such as woodstoves) 

and to require owners and operators of 

these devices to obtain operating 

permits. Additionally, the revisions 

allow for air pollution alerts if either 

PM10 or PM2.5 concentrations averaged 

over a 4-hour period exceed a level 20 

percent below any federal or state 

particulate matter standard. Provisions 

are also included for penalties for noncompliance and for contingency 

measures that are triggered by an 

exceedance of the PM2.5 NAAQS. 

Additionally, revisions were made for 

open and outdoor burning, including 

more stringent limits on the time 

periods for open burning activities. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
14586 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

The bases for EPA’s approval of both 

the attainment plan for the 1997 annual 

PM2.5 NAAQS for the Libby area and for 

the revisions to the existing PM10 SIP 

plan for Lincoln County, including 

EPA’s analysis and findings, are 

explained in much more detail in the 

proposed rulemaking (75 FR 55713). 

Additional technical support documents 

are available at www.regulations.gov, 

Docket No. EPA–R08–OAR–2006–0952. 

II. Public Comment 

We received no public comments on 

the proposed approvals. 

III. EPA Final Action 

EPA is approving two separate 

Montana SIP submittals. First, EPA is 

approving the attainment plan for the 

1997 PM2.5 NAAQS for the Libby area 

submitted by Montana on March 26, 

2008. Second, EPA is approving the 

PM10 SIP revisions to the Lincoln 

County Air Pollution Control Program 

for Lincoln County submitted by 

Montana on June 26, 2006. EPA has 

determined that the PM2.5 attainment 

plan and PM10 SIP revisions meet 

applicable requirements of the Clean Air 

Act, including (for the PM2.5 attainment 

plan) the Clean Air Fine Particle 

Implementation Rule issued by EPA on 

April 25, 2007 (72 FR 20586) and (for 

the PM10 SIP revisions) other statutory 

requirements including section 110(l). 

In particular, EPA has determined that 

Montana’s PM2.5 attainment plan for the 

Libby area includes the following 

acceptable elements: An attainment 

demonstration, an analysis of RACT/ 

RACM and adoption of selected control 

measures, base-year and projection-year 

emission inventories, and contingency 

measures. Finally, EPA is finding onroad directly emitted PM2.5 and NOX in 

the Libby, Montana nonattainment area 

insignificant for regional transportation 

conformity purposes. 

In accordance with section 172(c) of 

the CAA and the implementation rule, 

the attainment plan submitted by 

Montana for the Libby area included: 

(1) Emission inventories for the plan’s 

base year (in this case, 2005) and 

projection year (2010); and (2) an 

attainment demonstration consisting of: 

(a) Technical analyses that locate, 

identify, and quantify sources of 

emissions contributing to violations of 

the annual PM2.5 NAAQS; (b) a 

determination of which PM2.5

precursors should be controlled in this 

area for purposes of expeditious 

attainment; (c) analyses of future-year 

emission reductions and air quality 

improvements expected to result from 

national and local programs, and from 

new measures to meet requirements for 

RACT/RACM; (d) adopted emission 

reduction measures; and (e) contingency 

measures. 

With respect to the pollutants to 

control in the plan, the State evaluated, 

based on its emission inventories and by 

source category, sources of direct PM2.5, 

SO2 and NOX for RACT/RACM control 

measures. The State’s evaluation of 

sources of SO2 and NOX resulted in 

their conclusion that no additional 

controls for those precursors are 

necessary to attain the 1997 PM2.5

NAAQS expeditiously based on the 

absence of stationary sources or area 

sources that can be cost effectively or 

reasonably controlled for these 

precursors in this area. The 

overwhelmingly predominant 

contributor to the PM2.5 nonattainment 

problem in the Libby area was area 

sources of direct PM2.5, and in particular 

emissions from wood burning devices 

and open burning. The State therefore 

adopted control measures it determined 

to be RACM for direct PM2.5 from these 

area source categories. EPA has 

reviewed Montana’s RACT/RACM 

analysis and has determined that the 

state reasonably identified potential 

control measures and reasonably 

selected and adopted appropriate 

measures for RACT/RACM for the Libby 

area. In addition, the state used a 

proportional model to demonstrate 

attainment in 2010 resulting from these 

measures, and adopted contingency 

measures triggered by any future 

exceedance of the 1997 PM2.5 NAAQS. 

Finally, transportation conformity is 

required under CAA section 176(c) to 

ensure that transportation plans, 

transportation improvement programs 

(TIPs) and federally supported highway 

and transit projects are consistent with 

(‘‘conform to’’) the state air quality 

implementation plan. Transportation 

conformity applies to areas that are 

designated nonattainment, and to those 

areas redesignated to attainment after 

1990 with a CAA section 175A 

maintenance plan (‘‘maintenance areas’’) 

for transportation-related criteria 

pollutants: Carbon monoxide (CO), NOX

and particulate matter (PM2.5 and PM10). 

EPA’s transportation conformity rule 

(40 CFR parts 51 and 93) establishes the 

criteria and procedures for determining 

whether transportation activities 

conform to the SIP. One requirement of 

the rule is that transportation plans, 

TIPs, and projects must satisfy a 

regional emissions analysis for the 

relevant pollutants and precursors (40 

CFR 93.118, 119). However, section 

93.109(m) states that an area is not 

required to satisfy a regional emissions 

analysis for a pollutant or precursor if 

EPA finds that the SIP demonstrates that 

motor vehicle emissions of that 

pollutant or precursor are an 

insignificant contributor to the area’s air 

quality problem. 

In this action, EPA finds that regional 

emissions from motor vehicles of PM2.5

and NOX in the Libby PM2.5

nonattainment area are an insignificant 

contributor to the Libby area’s PM2.5 air 

quality problem. In making this 

insignificance finding, EPA evaluated 

the provisions of 40 CFR 93.109(m) 

against the relevant information 

contained in the SIP attainment plan, 

the SIP revision’s associated technical 

support document (TSD), and additional 

information as developed by EPA. We 

evaluated the following factors in 

determining whether on-road direct 

PM2.5 and NOX emissions are 

insignificant contributors to the area’s 

PM2.5 air quality problem; (1) the 

percentage of motor vehicle emissions 

in the context of the total SIP inventory; 

(2) the current state of air quality as 

determined by monitoring data for that 

NAAQS; (3) the absence of SIP motor 

vehicle control measures; and (4) 

historical trends and future projections 

of the growth of motor vehicle 

emissions. Detailed information 

regarding our evaluations of these 

factors and our conclusions are 

provided in our September 14, 2010 

proposed rulemaking and will not be 

repeated here. EPA did not receive any 

public comments on the proposed 

insignificance finding. Please refer to 

our September 14, 2010 proposed 

rulemaking (75 FR 55713) and 

additional technical support documents 

which are available at http:// 

www.regulations.gov, Docket No. 

EPA–R08–OAR–2006–0952. 

Based on our evaluations and 

conclusions, as presented in our 

proposed rulemaking action (see 75 FR 

55713, September 14, 2010), EPA is 

finding that regional motor vehicle 

emissions of PM2.5 and NOX are 

insignificant contributors to Libby’s 

PM2.5 nonattainment problem. With our 

finding, PM2.5 and NOX motor vehicle 

emissions budgets (MVEB) are not 

required to be established and a regional 

emissions analysis is not required for 

either PM2.5 or NOX in any future 

conformity determination in Libby. 

Please note, however, that PM2.5 hotspot analyses will be required for 

individual projects, if such an analysis 

is required in the future for 

transportation conformity purposes. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 14587 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

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 rule 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 16, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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. This action 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, Intergovernmental relations, 

Oxides of nitrogen, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: December 20, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart BB—Montana 

■ 2. Section 52.1370 is amended by 

adding and reserving paragraphs (c)(69) 

and (c)(70), and by adding paragraph 

(c)(71) to read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(71) The Governor of Montana 

submitted revisions, reordering and 

renumbering to the Libby County Air 

Pollution Control Program in a letter 

dated June 26, 2006. The revised 

Lincoln County regulations focus on 

woodstove emissions, road dust, and 

outdoor burning emissions. 

(i) Incorporation by reference. 

(A) Before the Board of Environmental 

Review of the State of Montana order 

issued on March 23, 2006, by the 

Montana Board of Environmental 

Review approving amendments to the 

Libby Air Pollution Control Program. 

(B) Libby City Council Resolution No. 

1660 signed February 27, 2006 and 

Lincoln County Board of Commissioners 

Resolution No. 725 signed February 27, 

2006, adopting revisions, reordering and 

renumbering to the Lincoln County Air 

Pollution Control Program, Health and 

Environment Regulations, Chapter 

1—Control on Air Pollution, Subchapter 

1—General Provisions; Subchapter 

2—Solid Fuel Burning Device 

Regulations; Subchapter 3—Dust 

Control Regulations; Subchapter 4— 

Outdoor Burning Regulations; as revised 

on February 27, 2006. 

(ii) Additional Material. 

(A) Stipulation signed October 7, 

1991, between the Montana Department 

of Health and Environmental Sciences 

(MDHES), the County of Lincoln and the 

City of Libby, which delineates 

responsibilities and authorities between 

the MDHES, Lincoln County and Libby. 

[FR Doc. 2011–5969 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217 and 241 

RIN 0750–AG48 

Defense Federal Acquisition 

Regulation Supplement; Multiyear 

Contract Authority for Electricity From 

Renewable Energy Sources (DFARS 

Case 2008–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, the interim rule 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1