17028 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

event/demonstration permit 

applications can be obtained and where 

completed applications shall be 

submitted, whether by mail or in 

person. The relocation of the Division of 

Park Programs to a nearby park location 

does not substantially change the 

function of the special 

event/demonstration application 

process. It does not create additional or 

change permit requirements in the Code 

of Federal Regulations. This technical 

amendment also conforms to the longstanding administrative practice that 

applications directed to the Regional 

Director go to the Division of Park 

Programs. Further, this technical 

amendment updates the name of the 

NPS permit program office. The Office 

of Public Affairs no longer administers 

the NCR special event/demonstration 

program; that responsibility was 

transferred to the Division of Park 

Programs. Although under the 

management of NAMA, the Division of 

Park Programs continues to manage this 

permit program for nine NCR parks. 

No Public Comment Period/ 

Immediate Effective Date: The 

Department of the Interior has 

determined that the public notice and 

comment provisions of the 

Administrative Procedures Act (APA) 5 

U.S.C. 553(b), do not apply to this rule 

because of a good cause exception under 

5 U.S.C. 553(b)(3)(B). This exception 

allows an agency to suspend the noticeand-comment requirement when an 

agency finds for good cause that those 

requirements are impracticable, 

unnecessary, and contrary to the public 

interest. This rule changes the address 

for submitting applications; it makes no 

other substantive changes. Failure to 

immediately publish this change would 

be impracticable and would otherwise 

lead to confusion as to where 

applications should be submitted, 

which would undermine the ability of 

persons and groups to engage in 

permitted demonstrations and special 

events. 

For these reasons public comment is 

unnecessary and good cause exists for 

immediately publishing the final rule. 

For the same reasons, we have 

determined that there is good cause for 

making the final rule effective 

immediately, as allowed under the APA 

5 U.S.C. 553(d), and 318 DM 4.7B(1)(i). 

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements. 

In consideration of the reasons stated 

in the preamble, the National Park 

Service amends 36 CFR part 7 as 

follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for part 7 continues 

to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under 36 U.S.C. 

501–511, DC Code 10–137 (2001) and DC 

Code 50–2201.07 (2001). 

■ 2. In § 7.96, in paragraph (g) (3), revise 

the first two sentences to read as 

follows: 

§ 7.96 National Capital Region. 

* * * * * 

(g) * * * 

(3) Permit applications. Permit 

applications may be obtained at the 

Division of Park Programs, National 

Mall and Memorial Parks, 900 Ohio 

Drive SW., Washington, DC 20024. 

Applicants shall submit permit 

applications in writing on a form 

provided by the National Park Service 

so as to be received by the Regional 

Director at the Division of Park 

Programs at least 48 hours in advance of 

any proposed demonstration or special 

event. * * * 

* * * * * 

Dated: March 14, 2011. 

Will Shafroth, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2011–7146 Filed 3–25–11; 8:45 am] 

BILLING CODE 4312–JK–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R09–OAR–2007–0296, FRL–9259–9] 

Approval and Promulgation of Gila 

River Indian Community’s Tribal 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a Tribal 

implementation plan (TIP) submitted by 

the Gila River Indian Community (GRIC 

or Tribe) on February 21, 2007, as 

supplemented and amended on July 11, 

2007, June 22, 2009, and July 17, 2010, 

and as described in our August 12, 2010 

proposal. The TIP includes general and 

emergency authorities, ambient air 

quality standards, permitting 

requirements for minor sources of air 

pollution, enforcement authorities, 

procedures for administrative appeals 

and judicial review in Tribal court, 

requirements for area sources of fugitive 

dust and fugitive particulate matter, 

general prohibitory rules, and source 

category-specific emission limitations 

and standards. These provisions 

establish a base TIP that is suitable for 

the GRIC’s reservation and regulatory 

capacities and that meets all applicable 

minimum requirements of the Clean Air 

Act (CAA or Act) and EPA regulations. 

The effect of this action is to make the 

approved portions of the GRIC TIP 

federally enforceable under the CAA 

and to further protect air quality within 

the exterior boundaries of the GRIC 

reservation. 

DATES: This final rule is effective April 

27, 2011. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of April 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under EPA–R09– 

OAR–2007–0296. Generally, documents 

in the docket for this action are 

available electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports) and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, 

Environmental Protection Agency, 

Region 9 Office, 75 Hawthorne Street, 

San Francisco, CA 94105–3901, (415) 

947–4192 or tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. 

Judicial Review 

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 27, 2011. 

Under CAA section 307(d)(7)(b), only an 

objection to this final action that was 

raised with reasonable specificity 

during the public comment period can 

be raised during judicial review. This 

section also authorizes the convening of 

a proceeding for reconsideration in 

specified circumstances. Filing a 

petition requesting that the 

Administrator reconsider this final rule 

does not affect the finality of this action 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17029 

1The other three AQMP programs implement the 

New Source Performance Standards (NSPS) under 

CAA 111; the National Emission Standards for 

Hazardous Air Pollutants (NESHAP) under CAA 

112; and title V operating permit requirements. We 

are not acting today on these other elements of the 

GRIC AQMP. 

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 CAA 

section 307(b)(2).) 

I. Summary of the Proposed Action 

The GRIC reservation is located in 

south-central Arizona, adjacent to the 

Phoenix Metropolitan Area, in Pinal and 

Maricopa Counties. On August 12, 2010 

(75 FR 48880), EPA proposed to approve 

a TIP submitted by the GRIC on 

February 21, 2007, as supplemented and 

amended on July 11, 2007, June 22, 

2009, and July 17, 2010, and as 

described in the proposal. The TIP 

includes general and emergency 

authorities, ambient air quality 

standards, permitting requirements for 

minor sources of air pollution, 

enforcement authorities, procedures for 

administrative appeals and judicial 

review in Tribal court, requirements for 

area sources of fugitive dust and fugitive 

particulate matter, general prohibitory 

rules, and source category-specific 

emission limitations and standards. 

The TIP is one of four regulatory 

programs that comprise the GRIC’s Air 

Quality Management Plan (AQMP).1 We 

proposed to approve only those portions 

of the GRIC AQMP that constitute a TIP 

containing severable elements of an 

implementation plan under section 110 

of the CAA, as discussed in this notice 

and in our August 12, 2010 proposal. 

These severable plan elements establish 

a base TIP that is suitable for the GRIC’s 

reservation and regulatory capacities 

and that meets all applicable minimum 

requirements of the CAA, the Tribal 

Authority Rule in 40 CFR part 49 (TAR), 

and other applicable CAA regulations. 

For a more detailed description of the 

TIP, our evaluation of the TIP and 

supplemental information, and our 

rationale for our proposed action, please 

see the August 12, 2010 proposed rule 

and related Technical Support 

Document, both of which can be found 

in the docket for today’s action. 

II. EPA’s Response to Comments 

Our August 12, 2010 proposed rule 

provided for a 30-day comment period, 

which ended on September 13, 2010. 

We received two public comment letters 

expressing only support for our 

proposed action. The two letters of 

support that we received can be found 

in the docket for today’s action. 

III. Final Action 

Under CAA sections 110(o), 110(k)(3) 

and 301(d), EPA is fully approving the 

TIP submitted by the GRIC DEQ on 

February 21, 2007, as supplemented and 

amended on July 11, 2007, June 22, 

2009, and July 17, 2010, and as 

described in our August 12, 2010 

proposal (75 FR 48880). For the reasons 

set forth in this document and in the 

August 12, 2010 proposed rule, we 

conclude that the TIP meets the 

applicable requirements of CAA section 

110, EPA’s implementing regulations, 

CAA section 301(d) and the TAR in 40 

CFR part 49. The TIP includes the 

following severable elements of an 

implementation plan under section 110 

of the CAA: 

• General authorities that satisfy the 

requirement in CAA section 110(a)(2)(J) 

to meet applicable requirements of CAA 

section 121 (relating to consultation) 

and section 127 (relating to public 

notification), and that also satisfy the 

requirement in CAA section 

110(a)(2)(M) to provide for consultation 

and participation by local political 

subdivisions affected by the plan; 

• Emergency powers that satisfy the 

requirement in CAA section 110(a)(2)(G) 

to provide for authority comparable to 

the emergency powers in section 303 of 

the Act; 

• Procedural requirements for 

preparation, adoption, submission to 

EPA, and revision of the TIP that satisfy 

the applicable requirements of CAA 

section 110(a)(2) and 40 CFR part 51, 

subpart F; 

• Air quality standards and 

measurement methods that are 

consistent with the National Ambient 

Air Quality Standards in 40 CFR 50.4 

through 50.8 and 50.10 through 50.12, 

as effective in October 2006; 

• Legally enforceable procedures to 

regulate the construction, modification, 

and operation of ‘‘non-title V sources’’ 

(‘‘minor sources’’) that establish a base 

program suitable to the GRIC’s 

reservation and that satisfy the 

minimum requirements of CAA section 

110(a)(2)(C) and 40 CFR 51.160 through 

51.164; 

• Requirements and procedures for 

enforcement consistent with CAA 

section 110(a)(2)(C) that provide 

necessary assurances that the Tribe will 

have adequate authority under Tribal 

law to carry out the TIP, as required by 

CAA section 110(a)(2)(E)(i); 

• Requirements and procedures for 

administrative appeals, final 

administrative decisions, and judicial 

review of final administrative decisions 

that establish adequate procedures for 

review of the Director’s decisions under 

the TIP and that satisfy the applicable 

requirements of CAA sections 

110(a)(2)(C) and 110(a)(2)(E)(i); and 

• Area source emission limits, general 

prohibitory rules, and source categoryspecific emission limitations that satisfy 

EPA’s enforceability requirements under 

CAA section 110(a)(2)(A). 

EPA is approving these provisions as 

elements of a base TIP under CAA 

section 110 that is suitable to the GRIC’s 

reservation and regulatory capacities. 

We are not acting today on those 

elements of the GRIC AQMP that 

address requirements of CAA title V or 

any other program under the Act. We 

intend to take separate action on other 

CAA programs submitted by the GRIC 

DEQ, as appropriate. 

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 

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 approves laws of 

an eligible Indian tribe as meeting 

Federal requirements and imposes no 

additional requirements beyond those 

imposed by Tribal 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 Tribal law and does not impose 

any additional enforceable duty beyond 

that required by Tribal 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). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ EPA has concluded that 

this rule will have tribal implications in 

that it will have substantial direct 

effects on the GRIC. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. EPA is 


jdjones on DSK8KYBLC1PROD with RULES
17030 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

approving the GRIC’s TIP at the request 

of the Tribe. Tribal law will not be 

preempted as the GRIC has already 

incorporated the TIP into Tribal Law on 

December 13, 2006. The Tribe has 

applied for, and fully supports, the 

approval of the TIP. This approval 

makes the TIP federally enforceable. 

EPA worked and consulted with 

officials of the GRIC early in the process 

of developing these regulations to 

permit them to have meaningful and 

timely input into their development. In 

order to administer an approved TIP, 

tribes must be determined eligible (40 

CFR part 49) for Treatment as State 

(TAS) for the purpose of administering 

a TIP. During the TAS eligibility 

process, the Tribe and EPA worked 

together to ensure that the appropriate 

information was submitted to EPA. 

GRIC and EPA also worked together 

throughout the process of development 

and Tribal adoption of the TIP. The 

Tribe and EPA also entered into a 

criminal enforcement MOA. 

This action 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 approves 

Tribal rules implementing a TIP over 

areas within the exterior boundaries of 

the Gila River Indian Community’s 

reservation, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This action 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, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (59 FR 7629, 

February 16, 1994). This action 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 is not economically 

significant. 

In reviewing TIP submissions, EPA’s 

role is to approve an eligible tribe’s 

submission, provided that it meets the 

criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the tribe to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

TIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a TIP submission, to use VCS in place 

of a TIP provision that otherwise 

satisfies the requirements 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) 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 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). 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, Indians, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 19, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 49 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart L—Implementation Plans for 

Tribes—Region IX 

■ 2. Subpart L of part 49 is amended by 

adding an undesignated center heading 

and § 49.5511 to read as follows: 

Implementation Plan for the Gila River 

Indian Community 

§ 49.5511 Identification of plan. 

(a) Purpose and scope. This section 

contains the approved implementation 

plan for the Gila River Indian 

Community dated August 2008. The 

plan consists of programs and 

procedures that cover general and 

emergency authorities, ambient air 

quality standards, permitting 

requirements for minor sources of air 

pollution, enforcement authorities, 

procedures for administrative appeals 

and judicial review in Tribal court, 

requirements for area sources of fugitive 

dust and fugitive particulate matter, 

general prohibitory rules, and source 

category-specific emission limitations 

and standards. 

(b) Incorporation by reference. 

(1) Material listed in paragraph (c) of 

this section was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Material is incorporated as 

it exists on the date of the approval, and 

notice of any change in the material will 

be published in the Federal Register. 

(2) EPA Region IX certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan as of 

January 19, 2011. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region IX Office of EPA 

at 75 Hawthorne Street, San Francisco, 

CA 94105–3901 or call 415–947–4192; 

the U.S. Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Air and Radiation Docket and 

Information Center, MC 2822T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460 or call 202–566– 

1742; and the National Archives and 

Records Administration. 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. 

(c) EPA-approved regulations. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17031 

EPA-APPROVED GILA RIVER INDIAN COMMUNITY TRIBAL REGULATIONS

Tribal citation Title/subject Tribal effective date EPA approval date Explanations 

Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Sections 

1–3.

Definitions, General Authority, Procedures for 

Preparation, Adoption, 

and Submittal of the 

Air Quality Management Program.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Section 

4.

Adoption of National Ambient Air Quality 

Standards as Community Standards.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Note: several revisions to the 

NAAQS have occurred since the 

adoption of the 

TIP. 

Gila River Indian Community, Tribal Implementation Plan, Part II, Permit 

Requirements.

Definitions, Applicability 

of Permit Requirements, Non-Title V 

Permit Requirements, 

Permit Revisions at a 

Non-Title V Source, 

Continuous Emissions 

Monitoring, Stack 

Height Limitation, Confidentiality of Information, Permit Fees.

August 20, 2008 ...... 3/29/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Title V regulations 

are not approved 

into the TIP. 

Gila River Indian Community, Tribal Implementation Plan, Part III, Enforcement Ordinances.Civil Enforcement, Criminal Enforcement, Citizen Suits.August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Gila River Indian Community, Tribal Implementation Plan, Part IV, Administrative Appeals.General Provisions, Definitions, Administrative 

Appeals Procedures, 

Final Administrative 

Decision: Review, Judicial Review of Final 

Administrative Decisions.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Gila River Indian Community, Tribal Implementation Plan, Part V, Area 

Source Emission Limits, 

Sections 1–2.

Open Burning, General 

Requirements for Fugitive Dust-Producing 

Activities.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Gila River Indian Community, Tribal Implementation Plan, Part VI, Generally Applicable Individual Source Requirements for Existing and 

New Sources, Sections 

1–3.

Visible Emissions; VOC 

Usage, Storage, and 

Handling; Degreasing 

and Solvent Metal 

Cleaning.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Gila River Indian Community, Tribal Implementation Plan, Part VII, 

Source/Category Specific Emission Limits for 

Existing and New 

Sources, Sections 1–3.

Secondary Aluminum 

Production, Aerospace 

Manufacturing and Rework Operations, Nonmetallic Mineral Mining 

and Processing.

August 20, 2008 ...... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

(d) Nonregulatory. 

Name of nonregulatory TIP provision Tribal submittal date EPA approval date Explanations 

Gila River Indian Community, Tribal Implementation Plan, Introductory Materials.June 22, 2009 .............. 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Technical Amendments to Part II of the 2006 

Air Quality Management Program Plan, 

Title 17 Chapter 9 of the Gila River Indian 

Community Law and Order Code.

June 22, 2009 .............. 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Minor NSR program 

support documents. 


jdjones on DSK8KYBLC1PROD with RULES
17032 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

Name of nonregulatory TIP provision Tribal submittal date EPA approval date Explanations 

Minor New Source Review Demonstration .... June 22, 2009 .............. 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Minor NSR program 

support documents. 

Letter from Margaret Cook, Executive Director, GRIC DEQ, to Deborah Jordan, Air Division Director, EPA Region 9, Re: Gila 

River Indian Community Tribal Implementation Plan.

July 17, 2010 ............... 3/28/11 [INSERT FEDERAL REGISTER 

PAGE NUMBER WHERE THE DOCUMENT BEGINS].

Letter discussing intent 

of citizen suit provisions in Part III. 

[FR Doc. 2011–7110 Filed 3–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 07–267; FCC 09–56] 

Forbearance Petition Filing 

Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; confirmation of 

effective date. 

SUMMARY: On August 6, 2009, the 

Commission published a final rule 

adopting procedural rules to govern 

petitions for forbearance filed pursuant 

to section 10 of the Communications 

Act of 1934, as amended. One section 

within that document could not take 

effect until the Office of Management 

and Budget (OMB) had approved the 

associated information collection 

requirements. OMB approved those 

information collection requirements on 

April 5, 2010, under OMB Control 

Number 3060–1138. This document 

confirms the effective date of that rule. 

DATES: 47 CFR 1.54, published at 74 FR 

39219, August 6, 2009, is effective 

March 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Reel, Competition Policy 

Division, Wireline Competition Bureau, 

at 202–418–1885 or e-mail: 

Jonathan.Reel@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on April 5, 

2010, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s ‘‘complete as filed rule’’ 

for forbearance petitions under section 

10 of the Communications Act of 1934, 

as amended. The Commission adopted 

that rule in its Forbearance Procedures 

Order. The rule is codified at 47 CFR 

1.54. This notice confirms that the 

Commission received OMB approval for 

that collection on April 5, 2010 (OMB 

Control Number is 3060–1138). 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. No 

person shall be subject to any penalty 

for failing to comply with a collection 

of information subject to the Paperwork 

Reduction Act that does not display a 

current, valid OMB Control Number. 

Questions concerning OMB Control 

Number 3060–1138 and its expiration 

date should be directed to Judith BoleyHerman, Federal Communications 

Commission, Room 1–B441, 445 12th 

Street, SW., Washington, DC. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–7236 Filed 3–25–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 101029427–0609–02] 

RIN 0648–XA301 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2010 and 2011 commercial 

summer flounder quotas to the 

Commonwealth of Virginia. Vessels 

were authorized by Virginia to land 

summer flounder under safe harbor 

provisions, thereby requiring a quota 

transfer to account for an increase in 

Virginia’s landings that would have 

otherwise accrued against the North 

Carolina quota. By this action, NMFS 

adjusts the quotas and announces the 

revised commercial quota for each state 

involved. 

DATES: Effective March 23, 2011 through 

December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Carly Knoell, Fishery Management 

Specialist, 978–281–9224. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.100(d). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.100(d)(3) in 

the evaluation of requests for quota 

transfers or combinations. 

North Carolina has agreed to transfer 

106,013 lb (48,087 kg) of its 2011 

commercial quota and 13,500 lb (6,123 

kg) of its 2010 commercial quota to 

Virginia. This transfer was prompted by 

summer flounder landings of 18 North 

Carolina vessels that were granted safe 

harbor in Virginia due to mechanical 

problems and/or severe winter storm 

conditions between December 31, 2010, 

and March 1, 2011. The Regional 

Administrator has determined that the 

criteria set forth in § 648.100(d)(3) have 

been met. The revised summer flounder 

quotas for calendar year 2010 are: North 

Carolina, 3,344,731 lb (1,517,144 kg); 

and Virginia, 2,935,726 lb (1,331,623 

kg). The revised summer flounder 

quotas for calendar year 2011 are: North 

Carolina, 4,662,739 lb (2,114,983 kg); 

and Virginia, 3,809,829 lb (1,728,109 

kg). 


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