Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations 20793 

1EPA took action on Mississippi’s other 

applicable infrastructure SIP requirements in a 

separate rulemaking. See 77 FR 61276. 

Dated: March 21, 2013. 

Cynthia L. Stowe, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2013–08038 Filed 4–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0402; FRL–9797–6] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(2)(E)(ii) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and disapprove in part, 

the State Implementation Plan (SIP) 

submission, provided by the Mississippi 

Department of Environmental Quality 

(MDEQ), on October 11, 2012. This 

submission pertains to specific Clean 

Air Act (CAA) requirements for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS) infrastructure SIPs. This 

action focuses on one component of the 

infrastructure requirements in the CAA. 

The CAA requires states to include 

provisions in their SIP to address 

conflicts of interest for state boards or 

bodies that approve CAA permits and 

enforcement orders and disclosure of 

conflict of interest requirements. 

Specifically, EPA is now approving the 

submission as it relates to the public 

interest requirements of CAA and the 

conflict of interest disclosure 

provisions. EPA is also now 

disapproving Mississippi’s submission 

only as it pertains to compliance with 

the significant portion of income 

requirements of the CAA. Through this 

action, EPA is only taking action on the 

infrastructure SIP requirement related to 

Mississippi’s obligation to address 

conflicts of interest requirements for 

state boards or bodies that approve CAA 

permits and enforcement orders and 

disclosure of conflict of interest 

requirements. All other applicable 

Mississippi infrastructure elements for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS have been addressed through 

separate rulemakings. EPA is also taking 

action to finalize substantive SIP 

revisions included with MDEQ’s 

October 11, 2012, submission. 

DATES: Effective Date: This rule will be 

effective May 8, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0402. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, 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. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

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

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

PM2.5 NAAQS. Upon promulgation of a 

new or revised NAAQS, section 110(a) 

of the CAA requires states to submit 

SIPs providing for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. More 

specifically, section 110(a)(1) provides 

the procedural and timing requirements 

for SIPs, and section 110(a)(2) lists 

specific elements that states must meet 

for ‘‘infrastructure’’ SIP requirements 

related to a newly established or revised 

NAAQS. The section 110(a)(2) 

requirements include SIP infrastructure 

elements such as modeling, monitoring, 

and emissions inventories that are 

designed to assure attainment and 

maintenance of the NAAQS. 

Section 110(a) imposes the obligation 

upon states to make a SIP submission to 

EPA for a new or revised NAAQS, but 

the contents of that submission may 

vary depending upon the facts and 

circumstances. The data and analytical 

tools available at the time the state 

develops and submits the SIP for a new 

or revised NAAQS affects the content of 

the submission. The contents of such 

SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. For 

many of the section 110(a) 

requirements, states have typically met 

these basic program elements through 

earlier SIP submissions in connection 

with previous NAAQS. 

Mississippi submitted a SIP revision 

on October 11, 2012, to address section 

110(a)(2)(E)(ii) infrastructure 

requirements for both the 1997 annual 

and 2006 24-hour PM2.5 NAAQS. On 

August 9, 2012, EPA proposed to 

approve in part, and disapprove in part, 

Mississippi’s infrastructure SIP 

submission addressing section 

110(a)(2)(E)(ii).1

Section 110(a)(2)(E)(ii) of the 

infrastructure SIP requires that states 

comply with the requirements 

respecting state boards provided at 

Section 128 of the CAA. Section 128, in 

turn, requires that states include 

provisions in their SIP to address 

conflicts of interest for state boards or 

bodies that approve CAA permits and 

enforcement orders and to address 

disclosure of conflict of interest 

requirements. Specifically, CAA section 

128(a)(1) necessitates that each SIP shall 

require that at least a majority of any 

board or body which approves permits 

or enforcement orders be subject to 

public interest service and income 

restrictions. Section 128(a)(2) requires 

that the members of any board or body, 

or the head of an executive agency with 

similar power to approve permits or 

enforcement orders under the CAA, 

shall also be subject to conflict of 

interest disclosure requirements. 

In addition to the above-described 

proposed partial approval and partial 

disapproval of Mississippi’s 

infrastructure SIP submission 

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20794 Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations 

2Section 25–4–101 provides that the Mississippi 

Legislature ‘‘declares that elective and public office 

and employment is a public trust and any effort to 

realize personal gain through official conduct, other 

than as provided by law, or as a natural 

consequence of the employment or position, is a 

violation of that trust. Therefore, public servants 

shall endeavor to pursue a course of conduct which 

will not raise suspicion among the public that they 

are likely to be engaged in acts that are in violation 

of this trust and which will not reflect unfavorably 

upon the state and local governments.’’ 

addressing section 110(a)(2)(E)(ii), EPA 

also proposed to approve certain 

sections of the Mississippi Constitution 

and Mississippi Code into the SIP. 

Specifically, EPA proposed to approve 

Mississippi’s Article 4, Section 109 of 

the Mississippi Constitution and 

portions of Mississippi Code sections 

25–4–25, –27, –29, –101, –103, and –105 

into the Mississippi SIP. These SIP 

revisions satisfy certain conflict of 

interest requirements of section 128, 

which as described above, are required 

as part of the state’s infrastructure SIP 

per section 110(a)(2)(E)(ii). More 

information on these specific provisions 

is provided in the proposed rule for 

today’s action (77 FR 47573) and in the 

state’s October 11, 2012, final SIP 

revision which is available in the docket 

for today’s action. 

II. This Action 

EPA is taking final action to approve 

Article 4, Section 109 of Mississippi 

Constitution and portions of Mississippi 

Code sections 25–4–25, –27, –29, –101, 

–103, and –105 into the Mississippi SIP 

pursuant to section 128 of the CAA. The 

specific provisions for inclusion in the 

Mississippi SIP are described more fully 

in the State’s October 11, 2012, final SIP 

revision which is available in the docket 

for today’s action. 

EPA is also taking final action to 

approve in part Mississippi’s 

110(a)(2)(E)(ii) infrastructure 

submission as it relates to the public 

interest requirements of CAA section 

128(a)(1) and the conflict of interest 

disclosure provisions of section 

128(a)(2). EPA is disapproving 

Mississippi’s section 110(a)(2)(E)(ii) 

submission only as it pertains to 

compliance with the significant portion 

of income requirements of section 

128(a)(1) of the CAA. See the August 9, 

2012, proposed rule for EPA’s analysis 

of Mississippi’s 110(a)(2)(E)(ii) 

submission. (77 FR 47573). The 

110(a)(2)(E)(ii) proposed actions were 

contingent upon Mississippi providing 

EPA with a final SIP revision that was 

not changed significantly from the July 

13, 2012, draft revision. Mississippi 

provided its final SIP revision on 

October 11, 2012. There were no 

significant changes made to the final 

submittal. EPA received no comments 

on its August 9, 2012, proposed partial 

approval and partial disapproval of 

Mississippi’s draft SIP revision 

addressing section 110(a)(2)(E)(ii). 

Although EPA is taking action to 

disapprove a portion of Mississippi’s 

110(a)(2)(E)(ii) submission, the Agency 

notes that Mississippi has submitted a 

number of SIP revisions that are being 

determined adequate for approvability 

regarding the requirements of section 

128. For example, Mississippi Code 

Section 25–4–105 precludes all public 

servants from using his or her official 

position to obtain, or attempt to obtain, 

pecuniary benefit for him- or herself 

other than that compensation provided 

for by law, or to obtain, or attempt to 

obtain, pecuniary benefit for any 

relative or any business with which he 

or she is associated. In addition, this 

section prevents board members from 

performing any service for any 

compensation during their term by 

which they attempt to influence a 

decision of the authority of the board. 

EPA interprets these requirements, once 

incorporated into the SIP, as 

demonstrating that Mississippi meets 

the section 128(a)(1) requirements 

respecting public interest. 

EPA also notes that the public policy 

declared by the Mississippi Legislature 

in Mississippi Code Annotated section 

25–4–101, which is being approved into 

the SIP today, in large part comports 

with the intent behind the CAA section 

128 requirements.2

III. Final Action 

As already described, EPA is taking 

final action to approve in part 

Mississippi’s October 11, 2012, 

submission for the 1997 annual and 

2006 24-hour PM2.5 NAAQS addressing 

section 110(a)(2)(E)(ii) infrastructure 

requirements as it relates to the public 

interest requirements of CAA section 

128(a)(1) and the conflict of interest 

disclosure provisions of section 

128(a)(2). EPA is disapproving 

Mississippi’s section 110(a)(2)(E)(ii) 

submission as it pertains to compliance 

with the significant portion of income 

requirements of section 128(a)(1) of the 

CAA. 

Under section 179(a) of the CAA, final 

disapproval of a submittal that 

addresses a requirement of a Part D Plan 

(42 U.S.C. sections 7501–7515) or is 

required in response to a finding of 

substantial inadequacy as described in 

section 7410(k)(5) (SIP call) starts a 

sanctions clock. Section 110(a)(2)(E)(ii) 

provisions (the significant portion of 

income requirements of section 

128(a)(1) being disapproved in today’s 

notice) were not submitted to meet 

requirements for Part D, and therefore, 

no sanctions will be triggered. This 

partial disapproval action, however, 

does trigger the requirement under 

section 110(c) that EPA promulgate a 

FIP no later than 2 years from the date 

of the disapproval unless the state 

corrects the deficiency and the 

Administrator approves the plan or plan 

revision before the Administrator 

promulgates such FIP. 

In addition, to the above actions 

respecting 110(a)(2)(E)(ii) infrastructure 

requirements, EPA is today also 

approving into the SIP the revisions 

related to section 128 submitted by 

Mississippi on October 11, 2012. 

Specifically, EPA is approving Article 4, 

Section 109 of Mississippi Constitution 

and portions of Mississippi Code 

sections 25–4–25, –27, –29, –101, –103, 

and –105 into the Mississippi SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves in part state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law, and 

disapproves in part state law because it 

does not fully meet federal 

requirements. 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); 

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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations 20795 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian 

country, 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 7, 2013. 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, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 27, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Z—Mississippi 

■ 2. Section 52.1270 is amended by: 

■ a. In paragraph (c), adding an entry 

under the new heading ‘‘Mississippi 

State Constitution’’ and six entries 

under the new heading ‘‘Mississippi 

Code’’ at the end of the table. 

■ b. In paragraph (e), adding a new entry 

for ‘‘110(a)(2)(E)(ii) Infrastructure 

Requirement for the 1997 and 2006 Fine 

Particulate Matter National Ambient Air 

Quality Standards’’ at the end of the 

table. 

The additions read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanation 

*******

Mississippi State Constitution 

Article 4 Section 109 .... Interest of Public Officers in Contracts .................................... 9/27/2012 4/8/2013 

[Insert citation 

of publication].

Mississippi Code 

Section 25–4–25 ........... Persons required to file statement of economic interest ......... 9/27/2012 4/8/2013 

[Insert citation 

of publication].

Section 25–4–27 ........... Contents of statement of economic interest ............................ 9/27/2012 4/8/2013 

[Insert citation 

of publication].

Section 25–4–29 ........... Filing dates for statement ........................................................ 9/27/2012 4/8/2013 

[Insert citation 

of publication].

Section 25–4–101 ......... Declaration of public policy ...................................................... 9/27/2012 4/8/2013 

[Insert citation 

of publication].

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20796 Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations 

EPA-APPROVED MISSISSIPPI REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval 

date Explanation 

Section 25–4–103 ......... Definitions ................................................................................. 9/27/2012 4/8/2013 

[Insert citation 

of publication].

Section 25–4–105 ......... Certain actions, activities and business relationships prohibited or authorized; contacts in violation of section voidable; 

penalties.

9/27/2012 4/8/2013 

[Insert citation 

of publication].

* * * * * (e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of non-regulatory 

SIP provision Applicable geographic or nonattainment area 

State submittal date/ 

effective 

date 

EPA approval 

date Explanation 

*******

110(a)(2)(E)(ii) Infrastructure Requirement 

for the 1997 and 2006 

Fine Particulate Matter National Ambient 

Air Quality Standards.

Mississippi ................................................................................ 10/11/2012 4/8/2013 .........

[Insert citation 

of publication].

EPA disapproved the 

State’s 

110(a)(2)(E)(ii) as it 

relates to section 

128(a)(2), the significant portion of 

income requirement. 

■ 3. Section 52.1278 is amended by 

designating the existing text as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 52.1278 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(b) Disapproval. EPA is disapproving 

portions of Mississippi’s Infrastructure 

SIP for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS addressing section 

110(a)(2)(E)(ii) that requires the State to 

comply with section 128 of the CAA. 

[FR Doc. 2013–07975 Filed 4–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 10–90 and 05–337; DA 

13–282] 

Data Specifications for Collecting 

Study Area Boundaries 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau adopts 

modifications to the data specifications 

for collecting study area boundaries for 

purposes of implementing various 

reforms. The original specifications 

were adopted in the Commission’s 

Connect America Fund; High-Cost 

Universal Service Support, Report and 

Order, (Study Area Boundary Order), 

released on November 6, 2012. 

DATES: Effective April 8, 2013. The 

modifications adopted in this document 

are revisions to the Study Area 

Boundary Order data collection. The 

Study Area Boundary Order contained 

new information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. The Bureau submitted a 

request for emergency PRA approval for 

the new data collection to the Office of 

Management and Budget (OMB) in 

December 2012, and OMB approved the 

Bureau’s request on January 23, 2013. 

The OMB control number for this 

collection is 3060–1181. 

FOR FURTHER INFORMATION CONTACT: 

Chelsea Fallon, Assistant Division 

Chief, at 202–418–7991, Industry 

Analysis & Technology Division, 

Wireline Competition Bureau. For 

additional information concerning the 

PRA information collection 

requirements contained in this 

document, send an email to 

PRA@fcc.gov or contact Judith B. 

Herman at 202–418–0214. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Bureau’s Study Area 

Boundary Reconsideration Order 

(Reconsideration Order) in WC Docket 

No. 10–90; WC Docket No. 05–337; DA 

13–282, released on February 26, 2013. 

The full text of this document is 

available for public inspection during 

regular business hours in the FCC 

Reference Center, Room CY–A257, 445 

12th Street SW., Washington, DC 20554, 

and may also be purchased from the 

Commission’s copy contractor, BCPI, 

Inc., Portals II, 445 12th Street SW., 

Room CY–B402, Washington, DC 20554. 

Customers may contact BCPI, Inc. via 

their Web site, http://www.bcpi.com, or 

call 1–800–378–3160. This document is 

available in alternative formats 

(computer diskette, large print, audio 

record, and Braille). Persons with 

disabilities who need documents in 

these formats may contact the FCC by 

email: FCC504@fcc.gov or phone: 202– 

418–0530 or TTY: 202–418–0432. 

Synopsis of Reconsideration Order 

1. On November 6, 2012, the Wireline 

Competition Bureau (Bureau) released 

the Study Area Boundary Order, DA 12– 

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