18650 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 

Act for sponsors of defined benefit 

pension plans created an immediate 

need for changes to the Schedule MB 

and Schedule SB reporting 

requirements. Without these changes, 

accurate and complete Schedules MB 

and SB cannot be filed with respect to 

plans to which the funding relief 

applies. The information that would not 

otherwise be provided under the current 

schedules is essential for the Agencies 

to monitor and enforce compliance with 

the special funding rules under the 

Pension Relief Act. The IRS Notices 

2010–83 and 2011–3, including the 

guidance superseding portions of the 

instructions to Schedule MB and 

Schedule SB for the 2008, 2009, and 

2010 plan years, have already been 

approved under the Paperwork 

Reduction Act and released to the 

public. In addition, a relatively small 

number of Form 5500 filers, comprised 

of only those filers for defined benefit 

pension plans to which the optional 

relief offered under the Pension Relief 

Act applies, are affected by these 

Schedule MB and Schedule SB changes. 

Accordingly, the Department finds for 

good cause that it would be 

impracticable and contrary to the public 

interest to delay putting the technical 

revisions to Schedule MB and SB into 

place until completion of a full notice 

and public comment process. For the 

same reasons, the Department also finds 

good cause to adopt an effective date 

that would be less than 30 days after the 

publication in the Federal Register 

pursuant to the APA. 5 U.S.C. 553(d). 

Accordingly, the adoption of the 

technical changes affecting the actuarial 

schedules for the 2008, 2009, and 2010 

Form 5500 Annual Return/Report will 

be effective as of the date of publication 

in the Federal Register. Related 

information also will be required to be 

provided on the 2011 and later Form 

5500 Annual Return/Report with 

respect to those plans to which the 

alternative funding methods under the 

Pension Relief Act apply, as described 

in the Act, but for 2011 and later the 

information will be included in the 

schedules and instructions, rather than 

filers having to create attachments as 

described in IRS Notice 2010–83 and 

Notice 2011–3. The 2011 and later Form 

5500 Annual Return/Report, Schedule 

SB, will also require a plan to disclose 

its status as an eligible charity plan in 

connection with a special effective date 

provided under the Pension Relief Act. 

III. Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this 

document does not constitute a 

‘‘significant regulatory action’’ for 

purposes of Executive Order 12866. 

Therefore, this action has not been 

reviewed by OMB pursuant to the 

Executive Order. 

IV. Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.), the Form 

5500 information collection request 

(ICR) has been approved by OMB under 

control number 1210–0110, which 

currently is scheduled to expire on 

March 31, 2014. This notice does not 

implement a substantive or material 

change to the ICR; therefore, the 

Department has not requested OMB 

review at this time. 

Signed at Washington, DC, this 24th day of 

March 2011. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2011–7557 Filed 4–4–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0798–201048; FRL– 

9288–8] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Rome; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA has determined that the 

Rome, Georgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Rome Area’’ or ‘‘Area’’) has 

attained the 1997 annual average PM2.5

National Ambient Air Quality Standard 

(NAAQS). The Rome Area is comprised 

of Floyd County in its entirety. This 

determination of attainment is based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2007–2009 period showing that the 

Area has monitored attainment of the 

1997 annual PM2.5 NAAQS. The 

requirements for the Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the standard 

shall be suspended so long as the Area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on May 5, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0798. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey or Sara Waterson, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061 

or via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is EPA’s final action? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the Rome 

Area (comprised of Floyd County in its 

entirety) has attaining data for the 1997 

annual PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled and certified 

ambient air monitoring data that shows 

the Area has monitored attainment of 

the 1997 annual PM2.5 NAAQS based on 

the 2007–2009 data. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on December 13, 2010 (75 FR 

77595). The first and second quarters of 

2008 were incomplete with around 73 

percent completeness each. Data 

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Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 18651 

substitution, as described in 40 CFR part 

50, Appendix N, was used to make a 

complete record. EPA proposed that the 

Rome Area is meeting the 1997 annual 

PM2.5 NAAQS both with and without 

data substitution and is now meeting 

the 1997 annual PM2.5 NAAQS. The 

design value without data substitution, 

13.3 μg/m3, is considered to be the 

official design value. The comment 

period closed on January 13, 2011. No 

adverse comments were received in 

response to the NPR. 

II. What is the effect of this action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this Area to submit 

attainment demonstrations, associated 

RACM, RFP plans, contingency 

measures, and other planning SIPs 

related to attainment of the 1997 annual 

PM2.5 NAAQS as long as this Area 

continues to meet the 1997 annual PM2.5

NAAQS. Finalizing this action does not 

constitute a redesignation of the Rome 

Area to attainment for the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the Clean Air Act (CAA). Further, 

finalizing this action does not involve 

approving maintenance plans for the 

Area as required under section 175A of 

the CAA, nor does it involve a 

determination that the Area has met all 

requirements for a redesignation. 

III. What is EPA’s final action? 

EPA is determining that the Rome 

Area has attaining data for the 1997 

annual PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this Area has monitored attainment 

of the 1997 annual PM2.5 NAAQS during 

the period 2007–2009. This final action, 

in accordance with 40 CFR 51.1004(c), 

will suspend the requirements for this 

Area to submit attainment 

demonstrations, associated RACM, RFP 

plans, contingency measures, and other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS as long 

as the Area continues to meet the 1997 

annual PM2.5 NAAQS. EPA is taking this 

final action because it is in accordance 

with the CAA and EPA policy and 

guidance. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality, and will 

result in the suspension of certain 

federal requirements, and it will not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this 1997 PM2.5 clean NAAQS 

data determination for the Rome Area 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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). 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 6, 2011. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. 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, Particulate matter. 

Dated: March 24, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.578 is amended by 

adding paragraphs (a) and (b) to read as 

follows: 

§ 52.578 Control Strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(a) Determination of Attaining Data. 

EPA has determined, as of April 5, 2011, 

the Rome, Georgia, nonattainment area 

has attaining data for the 1997 annual 

PM2.5 NAAQS. This determination, in 

accordance with 40 CFR 52.1004(c), 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. 

(b) [Reserved] 

[FR Doc. 2011–7773 Filed 4–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

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