Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18407 

does not contain provisions which 

involve the use of technical standards. 

N. Paperwork Reduction Act: This 

rule making is proposed to implement 

an optional prioritized examination 

process. The primary impact of the 

change on the public is that applicants 

will have the option to request 

prioritized examination by paying 

appropriate fees, filing a complete 

application via the Office’s electronic 

filing system (EFS–Web) with any filing 

and excess claims fees due paid on 

filing, and limiting their applications to 

four independent claims and thirty total 

claims. 

An applicant who wishes to 

participate in the program must submit 

a certification and request to participate 

in the prioritized examination program, 

preferably by using Form PTO/SB/424. 

The Office of Management and Budget 

(OMB) has determined that, under 5 

CFR 1320.3(h), Form PTO/SB/424 does 

not collect ‘‘information’’ within the 

meaning of the Paperwork Reduction 

Act of 1995. Therefore, this rule making 

does not impose additional collection 

requirements under the Paperwork 

Reduction Act which are subject to 

further review by OMB. 

Notwithstanding any other provision 

of law, no person is required to respond 

to nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a currently valid 

OMB control number. 

List of Subjects in 37 CFR Part 1 

Administrative practice and 

procedure, Courts, Freedom of 

Information, Inventions and patents, 

Reporting and recordkeeping 

requirements, Small businesses. 

For the reasons set forth in the 

preamble, 37 CFR part 1 is amended as 

follows: 

PART 1—RULES OF PRACTICE IN 

PATENT CASES 

■ 1. The authority citation for 37 CFR 

part 1 continues to read as follows: 

Authority: 35 U.S.C. 2(b)(2). 

■ 2. Section 1.17 is amended by adding 

paragraph (c) and revising paragraph (i) 

to read as follows: 

§ 1.17 Patent application and 

reexamination processing fees. 

* * * * * 

(c) For filing a request for prioritized 

examination under § 1.102(e) .... 

$4,000.00. 

* * * * * 

(i) Processing fee for taking action 

under one of the following sections 

which refers to this paragraph: $130.00. 

§ 1.28(c)(3)—for processing a nonitemized fee deficiency based on an 

error in small entity status. 

§ 1.41—for supplying the name or 

names of the inventor or inventors after 

the filing date without an oath or 

declaration as prescribed by § 1.63, 

except in provisional applications. 

§ 1.48—for correcting inventorship, 

except in provisional applications. 

§ 1.52(d)—for processing a 

nonprovisional application filed with a 

specification in a language other than 

English. 

§ 1.53(b)(3)—to convert a provisional 

application filed under § 1.53(c) into a 

nonprovisional application under 

§ 1.53(b). 

§ 1.55—for entry of late priority 

papers. 

§ 1.71(g)(2)—for processing a belated 

amendment under § 1.71(g). 

§ 1.99(e)—for processing a belated 

submission under § 1.99. 

§ 1.102(e)—for requesting prioritized 

examination of an application. 

§ 1.103(b)—for requesting limited 

suspension of action, continued 

prosecution application for a design 

patent (§ 1.53(d)). 

§ 1.103(c)—for requesting limited 

suspension of action, request for 

continued examination (§ 1.114). 

§ 1.103(d)—for requesting deferred 

examination of an application. 

§ 1.217—for processing a redacted 

copy of a paper submitted in the file of 

an application in which a redacted copy 

was submitted for the patent application 

publication. 

§ 1.221—for requesting voluntary 

publication or republication of an 

application. 

§ 1.291(c)(5)—for processing a second 

or subsequent protest by the same real 

party in interest. 

§ 1.497(d)—for filing an oath or 

declaration pursuant to 35 U.S.C. 

371(c)(4) naming an inventive entity 

different from the inventive entity set 

forth in the international stage. 

§ 3.81—for a patent to issue to 

assignee, assignment submitted after 

payment of the issue fee. 

* * * * * 

■ 3. Section 1.102 is amended by 

revising paragraph (a) and adding 

paragraph (e) to read as follows: 

§ 1.102 Advancement of examination. 

(a) Applications will not be advanced 

out of turn for examination or for further 

action except as provided by this part, 

or upon order of the Director to expedite 

the business of the Office, or upon filing 

of a request under paragraph (b) or (e) 

of this section or upon filing a petition 

or request under paragraph (c) or (d) of 

this section with a showing which, in 

the opinion of the Director, will justify 

so advancing it. 

* * * * * 

(e) A request for prioritized 

examination under this paragraph may 

be filed only with an original utility or 

plant nonprovisional application under 

35 U.S.C. 111(a) that is complete as 

defined by § 1.51(b), with any fees due 

under § 1.16 paid on filing. If the 

application is a utility application, it 

must be filed via the Office’s electronic 

filing system (EFS–Web). A request for 

prioritized examination under this 

paragraph must be present upon filing 

and must be accompanied by the 

prioritized examination fee set forth in 

§ 1.17(c), the processing fee set forth in 

§ 1.17(i), and the publication fee set 

forth in § 1.18(d). Prioritized 

examination under this paragraph will 

not be accorded to a design application 

or reissue application, and will not be 

accorded to any application that 

contains or is amended to contain more 

than four independent claims, more 

than thirty total claims, or any multiple 

dependent claim. 

Dated: March 23, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–7807 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2006–0534; FRL–9289–6] 

RIN 2060–AQ24 

Standards of Performance for New 

Stationary Sources and Emissions 

Guidelines for Existing Sources: 

Hospital/Medical/Infectious Waste 

Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; amendments. 

SUMMARY: On October 6, 2009, EPA 

promulgated its response to the remand 

of the new source performance 

standards and emissions guidelines for 

hospital/medical/infectious waste 

incinerators by the U.S. Court of 

Appeals for the District of Columbia 

Circuit and satisfied the Clean Air Act 

section 129(a)(5) requirement to conduct 


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a review of the standards every 5 years. 

This action promulgates amendments to 

the new source performance standards 

and emissions guidelines, correcting 

inadvertent drafting errors in the 

nitrogen oxides and sulfur dioxide 

emissions limits for large hospital/ 

medical/infectious waste incinerators in 

the new source performance standards, 

which did not correspond to our 

description of our standard-setting 

process, correcting erroneous crossreferences in the reporting and 

recordkeeping requirements in the new 

source performance standards, 

clarifying that compliance with the 

emission guidelines must be 

expeditious if a compliance extension is 

granted, correcting the inadvertent 

omission of delegation of authority 

provisions in the emission guidelines, 

correcting errors in the units’ 

description for several emissions limits 

in the emission guidelines and new 

source performance standards, and 

removing extraneous text from the 

hydrogen chloride emissions limit for 

large hospital/medical/infectious waste 

incinerators in the emission guidelines. 

DATES: This rule is effective as of May 

4, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–HQ–OAR–2006–0534 and 

Legacy Docket ID Number A–91–61. 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 

or other information which disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20460. The 

Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hambrick, Fuels and Incineration 

Group, Sector Policies and Programs 

Division (E143–03), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–0964; facsimile 

number: (919) 541–3470; e-mail address: 

hambrick.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Information 

A. Does the final action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background 

III. Summary of the Final Amendments 

A. Nitrogen Oxides Emissions Limit 

B. Sulfur Dioxide Emissions Limit 

C. Reporting and Recordkeeping 

Requirements 

D. Expeditious Compliance 

E. Delegation of Authority Provisions 

F. Units Descriptions of Emissions Limits 

G. Extraneous Text 

IV. Impacts of the Final Action 

V. 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: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

A red-line version of the regulatory 

language that incorporates the changes 

in this action is available in the docket. 

I. General Information 

A. Does the final action apply to me? 

Regulated Entities. Categories and 

entities potentially affected by the final 

action are those which operate hospital/ 

medical/infectious waste incinerators 

(HMIWI). The new source performance 

standards (NSPS) and emissions 

guidelines (EG) for HMIWI affect the 

following categories of sources: 

Category NAICS code Examples of potentially regulated entities 

Industry ..................................... 622110 

622310 

325411 

325412 

562213 

611310 

Private hospitals, other health care facilities, commercial research laboratories, commercial 

waste disposal companies, private universities. 

Federal Government ................. 622110 

541710 

928110 

Federal hospitals, other health care facilities, public health service, armed services. 

State/local/tribal Government ... 622110 

562213 

611310 

State/local hospitals, other health care facilities, state/local waste disposal services, state universities. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by the final action. To 

determine whether your facility would 

be affected by the final action, you 

should examine the applicability 

criteria in 40 CFR 60.50c of subpart Ec. 

If you have any questions regarding the 

applicability of the final action to a 

particular entity, contact the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of the final 

action is available on the Worldwide 

Web through the Technology Transfer 

Network Web site (TTN Web). 

Following signature, EPA posted a copy 

of the final action on the TTN’s policy 

and guidance page for newly proposed 

or promulgated rules at http:// 

www.epa.gov/ttn/oarpg. The TTN Web 

provides information and technology 

exchange in various areas of air 

pollution control. 

C. Judicial Review 

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

Air Act (CAA or Act), judicial review of 


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this final rule is available only by filing 

a petition for review in the U.S. Court 

of Appeals for the District of Columbia 

Circuit (the Court) by June 3, 2011. 

Under section 307(d)(7)(B) of the CAA, 

only an objection to this final rule that 

was raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Section 307(d)(7)(B) of the CAA also 

provides a mechanism for EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, Ariel 

Rios Building, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, with a 

copy to the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20004. Moreover, under section 

307(b)(2) of the CAA, the requirements 

established by this final rule may not be 

challenged separately in any civil or 

criminal proceedings brought by EPA to 

enforce these requirements. 

II. Background 

On September 15, 1997, EPA adopted 

NSPS (40 CFR part 60, subpart Ec) and 

EG (40 CFR part 60, subpart Ce) for 

HMIWI under the authority of sections 

111 and 129 of the CAA. Emissions 

standards were adopted for the nine 

pollutants required to be regulated 

under CAA section 129—particulate 

matter (PM), lead (Pb), cadmium (Cd), 

mercury (Hg), chlorinated dibenzo-pdioxins/dibenzofurans, carbon 

monoxide, nitrogen oxides (NOX), 

hydrogen chloride (HCl), and sulfur 

dioxide (SO2). The EPA developed 

emissions limits for all nine pollutants 

for three HMIWI size subcategories 

(large, medium, and small) for the NSPS 

and four HMIWI size subcategories 

(large, medium, small, and small rural) 

for the EG. 

On March 2, 1999, the Court in Sierra 

Club v. EPA, 167 F.3d 658 (DC Cir. 

1999) remanded the rule to EPA for 

further explanation regarding how EPA 

derived the maximum achievable 

control technology floors for new and 

existing HMIWI. The Court did not 

vacate the regulations, and the 

regulations remained in effect during 

the remand. 

On October 6, 2009, EPA promulgated 

its response to the Court’s remand of the 

HMIWI regulations and also satisfied its 

requirement under CAA section 

129(a)(5) to conduct a 5-year review of 

the HMIWI standards. The promulgated 

rule revised the NSPS and EG emissions 

limits for all nine of the CAA section 

129 pollutants. 

Following promulgation of the revised 

emissions limits, an industry 

representative informed EPA of an error 

in the published NSPS emissions limit 

for NOX for large HMIWI, which did not 

appear to reflect EPA’s described 

analytical process for adopting the 

revised standards. On review, EPA staff 

determined that the published revised 

NOX NSPS for large HMIWI indeed did 

not reflect EPA’s intent in the final rule. 

EPA reviewed the other published NSPS 

and EG emissions limits for similar 

errors, and determined that the 

published revised SO2 NSPS for large 

HMIWI also did not reflect EPA’s intent 

in the final rule. Also after 

promulgation, a state agency 

representative informed EPA of an error 

in the published NSPS reporting and 

recordkeeping requirements, which 

incorrectly referred to § 60.56, instead of 

§ 60.56c, in three separate paragraphs. 

To correct these errors, EPA issued 

proposed amendments on May 14, 2010, 

to the NSPS emissions limits for NOX

and SO2 for large HMIWI and the NSPS 

reporting and recordkeeping provisions 

that have the incorrect cross-reference 

(75 FR 27249 (May 14, 2010)). EPA 

provided a public comment period that 

closed on June 28, 2010. No public 

comments were received on the 

proposed amendments during that 

period. Consequently, today’s final 

action promulgates the amendments as 

proposed, for the reasons explained in 

the proposal. 

Just prior to proposal of the May 14, 

2010, amendments (but too late to be 

addressed in the proposed rule), EPA 

staff discovered that the HMIWI rule 

should be revised to clarify that 

compliance with the EG must be 

expeditious if a compliance extension is 

granted. After proposal of the May 14, 

2010, amendments, EPA staff also noted 

that delegation of authority provisions 

had been inadvertently omitted from the 

EG for existing HMIWI. A state agency 

later informed EPA of an error in the 

units’ description for the Cd and Hg 

emissions limits in Table 1B to subpart 

Ec (NSPS). EPA reviewed the other 

emissions limits tables in the NSPS and 

EG and found similar errors in the units 

descriptions for other emissions limits. 

To address these errors and omissions, 

EPA is issuing additional amendments 

to the NSPS and EG, to be effective 

upon the effective date of this final rule 

specified above. 

III. Summary of the Final Amendments 

A. Nitrogen Oxides Emissions Limit 

EPA received no public comments 

regarding its proposed amendment to 

the NOX NSPS limit for new large 

HMIWI. For the reasons explained in 

the proposed rule (see 75 FR at 27251/ 

col. 2–27252/col. 1), today’s final action 

amends the HMIWI NSPS to include the 

correct NOX NSPS limit of 140 parts per 

million by volume (ppmv) for new large 

HMIWI, which matches the final NOX

EG limit and reflects EPA’s intent in the 

October 6, 2009, final rule. 

B. Sulfur Dioxide Emissions Limit 

EPA also received no public 

comments on its proposed amendment 

to the SO2 NSPS for new large HMIWI. 

For the reasons explained in the 

proposed rule (see 75 FR at 27252/cols. 

1–2), this final action amends the 

HMIWI NSPS to include the correct SO2

limit of 8.1 ppmv for new large HMIWI, 

which reflects EPA’s intent in the 

October 6, 2009, final rule. 

C. Reporting and Recordkeeping 

Requirements 

The NSPS reporting and 

recordkeeping requirements of the 

October 6, 2009, final rule include three 

separate cross-references to ‘‘§ 60.56(d), 

(h), or (j).’’ The correct cross-reference in 

each case should have been ‘‘§ 60.56c(d), 

(h), or (j),’’ consistent with the section 

numbering format for NSPS subpart Ec. 

EPA received no public comments on its 

proposed correction to the crossreferences. This final action amends the 

HMIWI NSPS to correctly crossreference to sections 60.56c(d), (h), or 

(j). 

D. Expeditious Compliance 

Section 129(f)(2) of the CAA states 

that performance standards and other 

requirements promulgated pursuant to 

this section and Section 111 and 

applicable to existing solid waste 

incineration units shall be effective as 

expeditiously as practicable after 

approval of a State plan under 

subsection (b)(2) (or promulgation of a 

plan by the Administrator under 

subsection (b)(3)) but in no event later 

than 3 years after the State plan is 

approved or 5 years after the date such 

standards or requirements are 

promulgated, whichever is earlier. 


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Just prior to proposal of the May 14, 

2010, amendments (but too late to be 

addressed in the proposed rule), EPA 

staff discovered that paragraph (d)(3) of 

§ 60.39e (compliance times) should be 

revised to clarify that compliance with 

the guidelines must be expeditious if a 

compliance extension is granted. We are 

amending the HMIWI EG to include this 

clarifying language. Specifically, we are 

adding the word ‘‘expeditious’’ to 

§ 60.39e(d)(3) to state that if an 

extension is granted, require 

expeditious compliance with the 

emissions guidelines on or before the 

date 3 years after EPA approval of the 

State plan (but not later than September 

16, 2002), for the emissions guidelines 

as promulgated on September 15, 1997, 

and on or before the date 3 years after 

EPA approval of an amended State plan 

(but not later than October 6, 2014), for 

the emissions guidelines as amended on 

October 6, 2009. 

This action will ensure that 

compliance with the EG will be 

‘‘expeditious,’’ consistent with the 

requirements of CAA section 129(f)(2). 

E. Delegation of Authority Provisions 

Provisions regarding delegation of 

implementation and enforcement 

authorities are already present in the 

NSPS for new HMIWI. The NSPS 

delegation of authority provisions in the 

October 6, 2009, final rule specify that 

the following authorities are to be 

retained by the Administrator and not 

transferred to a state: 

• The requirements of § 60.56c(i) 

establishing operating parameters when 

using controls other than those listed in 

§ 60.56c(d). 

• Approval of alternative methods of 

demonstrating compliance under § 60.8 

including: 

Æ Approval of continuous emissions 

monitoring system (CEMS) for PM, HCl, 

multi-metals, and Hg where used for 

purposes of demonstrating compliance, 

Æ Approval of continuous automated 

sampling systems for dioxin/furan and 

Hg where used for purposes of 

demonstrating compliance, and 

Æ Approval of major alternatives to 

test methods; 

• Approval of major alternatives to 

monitoring; 

• Waiver of recordkeeping 

requirements; and 

• Performance test and data reduction 

waivers under § 60.8(b). 

Following the May 14, 2010, proposal 

of amendments to the October 6, 2009, 

final rule, EPA staff discovered that 

delegation of authority provisions had 

been inadvertently omitted from the EG. 

We are amending the HMIWI EG to 

include these delegations of authority 

provisions. Specifically, we are adding 

a paragraph to § 60.32e of the EG stating 

that the authorities listed under 

§ 60.50c(i) of the NSPS are to be 

retained by the Administrator and not 

be transferred to a state. This action will 

ensure consistency between the NSPS 

and EG regarding the implementation 

and enforcement authorities and avoid 

any confusion about which authorities 

can be delegated and exercised by the 

states and which authorities must be 

retained by EPA. 

F. Units Descriptions of Emissions 

Limits 

EPA was informed by a state agency 

post-proposal that the units’ description 

for the Cd and Hg emissions limits in 

Table 1B to subpart Ec (NSPS) included 

both the concentration units and the 

not-promulgated percent reduction 

alternative. Table 1B to subpart Ec 

includes the amended emissions limits 

for new HMIWI in the October 6, 2009, 

final rule, which appropriately do not 

include a not-promulgated percent 

reduction alternative. 

We are amending Table 1B to subpart 

Ec effective immediately to remove the 

units’ description for the notpromulgated percent reduction 

alternative and avoid any confusion 

regarding the elimination of the percent 

reduction alternative for new HMIWI in 

the October 6, 2009, final rule. 

EPA found similar errors after 

reviewing the other emissions limits 

tables in the NSPS and EG. First, the 

October 6, 2009, amendments to Table 

1A to subpart Ce (EG) mistakenly 

removed the units’ description for the 

previously promulgated percent 

reduction alternative for HCl, Pb, Cd, 

and Hg. Table 1A to subpart Ce includes 

the emissions limits from the September 

15, 1997, EG, including the percent 

reduction alternative, to which existing 

HMIWI are subject until revised or new 

state plans are issued based on the 

October 6, 2009, amendments (which do 

not include the percent reduction 

alternative). 

Second, the October 6, 2009, 

amendments to Table 1A to subpart Ec 

(NSPS) mistakenly removed the units’ 

description for the previously 

promulgated percent reduction 

alternative for HCl and Pb. Table 1A to 

subpart Ec includes the emissions limits 

from the September 15, 1997, NSPS, 

including the percent reduction 

alternative. Those emissions limits 

apply to HMIWI that commenced 

construction after June 20, 1996, but no 

later than December 1, 2008, or 

commenced modification after March 

16, 1998, but no later than April 6, 2010, 

except where the emissions limits in the 

amended EG are more stringent. 

We are amending Table 1A to subpart 

Ce and Table 1A to subpart Ec to restore 

the units’ description for the percent 

reduction alternative for these 

pollutants and avoid any confusion 

regarding the use of a percent reduction 

alternative for existing and new HMIWI 

under the original September 15, 1997, 

rule. 

G. Extraneous Text 

In the course of reviewing the unit’s 

descriptions of the emissions limits, we 

discovered that some extraneous text 

had been included with the HCl NSPS 

limit for new large HMIWI in Table 1A 

to subpart Ec. (As noted previously, 

Table 1A to subpart Ec includes the 

emissions limits from the September 15, 

1997, NSPS.) We are amending Table 

1A to subpart Ec to remove the 

extraneous text and thereby avoid any 

confusion regarding the HCl NSPS limit 

for new large HMIWI in Table 1A to 

subpart Ec. 

IV. Impacts of the Final Action 

Based on the stringency of the HMIWI 

standards promulgated on October 6, 

2009, sources would likely respond to 

the HMIWI rule by choosing not to 

construct new HMIWI and would use 

alternative waste disposal options rather 

than incur the costs of compliance. 

Considering this information, we do not 

anticipate any new HMIWI, and, 

therefore, no costs or impacts are 

associated with the final NSPS 

amendments for NOX and SO2 for new 

large units. 

However, in the unlikely event that a 

new unit is constructed, we estimated 

costs and impacts expected for each of 

three HMIWI model plants (large, 

medium, and small), which we entered 

into the docket for the October 6, 2009, 

promulgation. (See 2009 memoranda 

entitled ‘‘Revised Compliance Costs and 

Economic Inputs for New HMIWI’’ and 

‘‘Revised Baseline Emissions and 

Emissions Reductions for Existing and 

New HMIWI,’’ which are included in the 

docket.) We estimated baseline NOX

emissions of 80 ppmv and baseline SO2

emissions of 0.84 ppmv for the large 

HMIWI model plant, based on the 

average NOX and SO2 emissions 

measured at the latest large HMIWI to be 

installed since the 1997 rule. 

Consequently, the NOX and SO2

emissions associated with the large 

HMIWI model plant are already below 

both the incorrect NOX and SO2

emissions limits of 130 ppmv and 1.6 

ppmv, respectively, promulgated in the 

October 6, 2009, Federal Register 

notice, and the correct NOX and SO2


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emissions limits of 140 ppmv and 8.1 

ppmv, respectively, being promulgated 

in today’s action. Therefore, even if a 

new large unit were constructed, we 

would estimate no cost savings or 

negative impacts associated with today’s 

final amendments to the NOX and SO2

emissions limits for new large HMIWI. 

None of the other amendments in 

today’s final action change the 

requirements of the HMIWI rule, and, 

therefore, will not result in any impacts. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This final action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This final action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501, et seq. Burden is 

defined at 5 CFR 1320.3(b). This final 

action only includes revised NOX and 

SO2 emissions limits for new large 

HMIWI, and, as noted previously, no 

new HMIWI are anticipated. 

Consequently, this final action will not 

impose any additional information 

collection burden for new sources. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute 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 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final action on small entities, 

small entity is defined as follows: (1) A 

small business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this final action 

will not have a significant economic 

impact on a substantial number of small 

entities. This final rule will not impose 

any requirements on small entities. This 

final action only includes revised NOX

and SO2 emissions limits for new large 

HMIWI, and no new HMIWI are 

anticipated. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act (UMRA), 2 U.S.C. 1531–1538 for 

state, local, or tribal governments, or the 

private sector. This final action imposes 

no enforceable duty on any state, local, 

or tribal governments, or the private 

sector. Therefore, this final action is not 

subject to the requirements of sections 

202 or 205 of the UMRA. 

This final action is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

Because this final rule’s requirements 

apply equally to HMIWI units owned 

and/or operated by governments or 

HMIWI units owned and/or operated by 

private entities, there would be no 

requirements that uniquely apply to 

such government or impose any 

disproportionate impacts on them. 

E. Executive Order 13132: Federalism 

This final 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 final action 

will not impose substantial direct 

compliance costs on state or local 

governments, and will not preempt state 

law. Thus, Executive Order 13132 does 

not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249; November 9, 

2000). EPA is not aware of any HMIWI 

owned or operated by Indian tribal 

governments. Thus, Executive Order 

13175 does not apply to this final 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885; April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it is based solely 

on technology performance. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (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 (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law 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 VCS bodies. The NTTAA 

directs EPA to provide Congress, 

through the Office of Management and 

Budget, explanations when the Agency 

decides not to use available and 

applicable VCS. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice (EJ). Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make EJ part of their mission by 

identifying and addressing, as 

appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations, and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This rule amendment 


sroberts on DSK69SOYB1PROD with RULES
18412 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

affects only new large units, and no new 

units are anticipated to be constructed. 

This rule amendment does not relax the 

control measures on sources regulated 

by the rule will therefore not cause 

emissions increased from these sources. 

K. Congressional Review Act 

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 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this final 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 this final 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). This final rule will 

be effective on May 4, 2011. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: March 29, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, Title 40, chapter I, part 60 of 

the Code of Federal Regulations is 

amended as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart Ce—[Amended] 

■ 2. Section 60.32e is amended by 

adding paragraph (k) to read as follows: 

§ 60.32e Designated facilities. 

* * * * * 

(k) The authorities listed under 

§ 60.50c(i) shall be retained by the 

Administrator and not be transferred to 

a state. 

■ 3. Section 60.39e is amended by 

revising paragraph (d)(3) to read as 

follows: 

§ 60.39e Compliance times. 

* * * * * 

(d) * * * 

(3) If an extension is granted, require 

expeditious compliance with the 

emissions guidelines on or before the 

date 3 years after EPA approval of the 

state plan (but not later than September 

16, 2002), for the emissions guidelines 

as promulgated on September 15, 1997, 

and on or before the date 3 years after 

EPA approval of an amended state plan 

(but not later than October 6, 2014), for 

the emissions guidelines as amended on 

October 6, 2009. 

* * * * * 

■ 4. Table 1A to subpart Ce is revised 

to read as follows: 

TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED

FACILITIES AS DEFINED IN § 60.32e(a)(1) 

Pollutant Units (7 percent oxygen, dry basis) 

Emissions limits 

Averaging time 1 Method for dem- HMIWI size onstrating compliance 2

Small Medium Large 

Particulate matter ......... Milligrams per dry 

standard cubic meter 

(mg/dscm) (grains 

per dry standard 

cubic foot (gr/dscf)).

115 (0.05) ............. 69 (0.03) ............... 34 (0.015) ............. 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 5 of appendix A– 

3 of part 60, or EPA 

Reference Method 

26A or 29 of appendix A–8 of part 60. 

Carbon monoxide ......... Parts per million by 

volume (ppmv).

40 ......................... 40 ......................... 40 ......................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 10 or 10B of appendix A–4 of part 

60. 

Dioxins/furans ............... Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(ng/dscm) (grains 

per billion dry standard cubic feet (gr/109

dscf)) or ng/dscm 

TEQ (gr/109 dscf).

125 (55) or 2.3 

(1.0).

125 (55) or 2.3 

(1.0).

125 (55) or 2.3 

(1.0).

3-run average (4-hour 

minimum sample 

time per run).

EPA Reference Method 23 of appendix 

A–7 of part 60. 

Hydrogen chloride ........ ppmv or percent reduction.100 or 93% ........... 100 or 93% ........... 100 or 93% ........... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 26 or 26A of appendix A–8 of part 

60. 

Sulfur dioxide ............... ppmv ........................... 55 ......................... 55 ......................... 55 ......................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 6 or 6C of appendix A–4 of part 60. 

Nitrogen oxides ............ ppmv ........................... 250 ....................... 250 ....................... 250 ....................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 7 or 7E of appendix A–4 of part 60. 

Lead ............................. mg/dscm (grains per 

thousand dry standard cubic feet (gr/103

dscf)) or percent reduction.

1.2 (0.52) or 70% 1.2 (0.52) or 70% 1.2 (0.52) or 70% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

Cadmium ...................... mg/dscm (gr/103 dscf) 

or percent reduction.

0.16 (0.07) or 65% 0.16 (0.07) or 65% 0.16 (0.07) or 65% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 


sroberts on DSK69SOYB1PROD with RULES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18413 

TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED

FACILITIES AS DEFINED IN § 60.32e(a)(1)—Continued 

Pollutant Units (7 percent oxygen, dry basis) 

Emissions limits 

Averaging time 1 Method for dem- HMIWI size onstrating compliance 2

Small Medium Large 

Mercury ........................ mg/dscm (gr/103 dscf) 

or percent reduction.

0.55 (0.24) or 85% 0.55 (0.24) or 85% 0.55 (0.24) or 85% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

1Except as allowed under § 60.56c(c) for HMIWI equipped with CEMS. 

2 Does not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). 

Subpart Ec—[Amended] 

■ 5. Section 60.58c is amended by 

revising paragraphs (d)(1) through (3) to 

read as follows: 

§ 60.58c Reporting and recordkeeping 

requirements. 

* * * * * 

(d) * * * 

(1) The values for the site-specific 

operating parameters established 

pursuant to § 60.56c(d), (h), or (j), as 

applicable. 

(2) The highest maximum operating 

parameter and the lowest minimum 

operating parameter, as applicable, for 

each operating parameter recorded for 

the calendar year being reported, 

pursuant to § 60.56c(d), (h), or (j), as 

applicable. 

(3) The highest maximum operating 

parameter and the lowest minimum 

operating parameter, as applicable, for 

each operating parameter recorded 

pursuant to § 60.56c(d), (h), or (j) for the 

calendar year preceding the year being 

reported, in order to provide the 

Administrator with a summary of the 

performance of the affected facility over 

a 2-year period. 

* * * * * 

■ 6. Table 1A to subpart Ec is revised to 

read as follows: 

TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED

FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2) 

Pollutant Units (7 percent oxygen, dry basis) 

Emissions limits 

Averaging time 1

Method 

for 

demonstrating 

compliance 2

HMIWI size 

Small Medium Large 

Particulate matter ......... Milligrams per dry 

standard cubic meter 

(grains per dry 

standard cubic foot).

69 (0.03) ............... 34 (0.015) ............. 34 (0.015) ............. 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 5 of appendix A– 

3 of part 60, or EPA 

Reference Method M 

26A or 29 of appendix A–8 of part 60. 

Carbon monoxide ......... Parts per million by 

volume.

40 ......................... 40 ......................... 40 ......................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 10 or 10B of appendix A–4 of part 

60. 

Dioxins/furans ............... Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(grains per billion dry 

standard cubic feet) 

or nanograms per 

dry standard cubic 

meter TEQ (grains 

per billion dry standard cubic feet).

125 (55) or 2.3 

(1.0).

25 (11) or 0.6 

(0.26).

25 (11) or 0.6 

(0.26).

3-run average (4-hour 

minimum sample 

time per run).

EPA Reference Method 23 of appendix 

A–7 of part 60. 

Hydrogen chloride ........ Parts per million by 

volume or percent 

reduction.

15 or 99% ............. 15 or 99% ............. 15 or 99% ............. 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 26 or 26A of appendix A–8 of part 

60. 

Sulfur dioxide ............... Parts per million by 

volume.

55 ......................... 55 ......................... 55 ......................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 6 or 6C of appendix A–4 of part 60. 

Nitrogen oxides ............ Parts per million by 

volume.

250 ....................... 250 ....................... 250 ....................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 7 or 7E of appendix A–4 of part 60. 

Lead ............................. Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet) or percent reduction.

1.2 (0.52) or 70% 0.07 (0.03) or 98% 0.07 (0.03) or 98% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

Cadmium ...................... Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet) or percent reduction.

0.16 (0.07) or 65% 0.04 (0.02) or 90% 0.04 (0.02) or 90% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 


sroberts on DSK69SOYB1PROD with RULES
18414 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED

FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2)—Continued 

Pollutant Units (7 percent oxygen, dry basis) 

Emissions limits 

Averaging time 1

Method 

for 

demonstrating 

compliance 2

HMIWI size 

Small Medium Large 

Mercury ........................ Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet) or percent reduction.

0.55 (0.24) or 85% 0.55 (0.24) or 85% 0.55 (0.24) or 85% 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

1Except as allowed under § 60.56c(c) for HMIWI equipped with CEMS. 

2 Does not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). 

■ 7. Table 1B to Subpart Ec is revised 

to read as follows: 

TABLE 1B TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED

FACILITIES AS DEFINED IN § 60.50C(a)(3) AND (4) 

Pollutant 

Units 

(7 percent oxygen, 

dry basis) 

Emissions limits 

Averaging time 1

Method for 

demonstrating 

compliance 2

HMIWI size 

Small Medium Large 

Particulate matter ......... Milligrams per dry 

standard cubic meter 

(grains per dry 

standard cubic foot).

66 (0.029) ............. 22 (0.0095) ........... 18 (0.0080) ........... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 5 of appendix A– 

3 of part 60, or EPA 

Reference Method M 

26A or 29 of appendix A–8 of part 60. 

Carbon monoxide ......... Parts per million by 

volume.

20 ......................... 1.8 ........................ 11 ......................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 10 or 10B of appendix A–4 of part 

60. 

Dioxins/furans ............... Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(grains per billion dry 

standard cubic feet) 

or nanograms per 

dry standard cubic 

meter TEQ (grains 

per billion dry standard cubic feet).

16 (7.0) or 0.013 

(0.0057).

0.47 (0.21) or 

0.014 (0.0061).

9.3 (4.1) or 0.035 

(0.015).

3-run average (4-hour 

minimum sample 

time per run).

EPA Reference Method 23 of appendix 

A–7 of part 60. 

Hydrogen chloride ........ Parts per million by 

volume.

15 ......................... 7.7 ........................ 5.1 ........................ 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 26 or 26A of appendix A–8 of part 

60. 

Sulfur dioxide ............... Parts per million by 

volume.

1.4 ........................ 1.4 ........................ 8.1 ........................ 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 6 or 6C of appendix A–4 of part 60. 

Nitrogen oxides ............ Parts per million by 

volume.

67 ......................... 67 ......................... 140 ....................... 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 7 or 7E of appendix A–4 of part 60. 

Lead ............................. Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet).

0.31 (0.14) ............ 0.018 (0.0079) ...... 0.00069 (0.00030) 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

Cadmium ...................... Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet).

0.017 (0.0074) ...... 0.0098 (0.0043) .... 0.00013 

(0.000057).

3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

Mercury ........................ Milligrams per dry 

standard cubic meter 

(grains per thousand 

dry standard cubic 

feet).

0.014 (0.0061) ...... 0.0035 (0.0015) .... 0.0013 (0.00057) .. 3-run average (1-hour 

minimum sample 

time per run).

EPA Reference Method 29 of appendix 

A–8 of part 60. 

1Except as allowed under § 60.56c(c) for HMIWI equipped with CEMS. 

2 Does not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). 


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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18415 

[FR Doc. 2011–7899 Filed 4–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 75 

Continuous Emission Monitoring 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 72 to 80, revised as of 

July 1, 2010, on page 219, in § 75.11, 

paragraph (f) is added to read as follows: 

§ 75.11 Specific provisions for monitoring 

SO2 emissions. 

* * * * * 

(f) Other units. The owner or operator 

of an affected unit that combusts wood, 

refuse, or other material in addition to 

oil or gas shall comply with the 

monitoring provisions for coal-fired 

units specified in paragraph (a) of this 

section, except where the owner or 

operator has an approved petition to use 

the provisions of paragraph (e)(1) of this 

section. 

[FR Doc. 2011–8004 Filed 4–1–11; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 09–123; RM–11546, 

DA 11–501] 

Television Broadcasting Services; New 

Haven, CT 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by 

Connecticut Public Broadcasting, Inc. 

(‘‘CPBI’’), the licensee of noncommercial 

educational station WEDY, New Haven, 

Connecticut, requesting the substitution 

of channel *41 for channel *6 at New 

Haven. CPBI’s channel *6 facility is 

subject to substantial levels of new 

interference from other post-transition 

stations’ power increases, and the 

substitution of channel *41 will resolve 

any interference being experienced by 

CPBI’s viewers. 

DATES: This rule is effective May 4, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, 

joyce.bernstein@fcc.gov, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–123, 

adopted March 15, 2011, and released 

March 16, 2011. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via the company’s 

Web site, http://www.bcipweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Connecticut, is amended by 

adding channel *41 and removing 

channel *6 at New Haven. 

[FR Doc. 2011–7789 Filed 4–1–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA01 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the northern 

Florida west coast subzone to the 

commercial harvest of king mackerel in 

or from the exclusive economic zone 

(EEZ). This closure is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, April 04, 2011, until 12:01 

a.m., local time, July 1, 2011, unless 

changed by further notice in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, or e-mail: 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico (Gulf) only, dolphin and 

bluefish) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the Gulf 


sroberts on DSK69SOYB1PROD with RULES