31858 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

State citation Title/subject State effective date EPA approval date Additional explanation/ 

§ 52.2063 citation 

Title 25—Environmental 

Protection 

Article III—Air Resources 

Chapter 121—General 

Provisions 

Section 121.1 ................ Definitions .......................................................... 12/18/10 6/2/11 [Insert page 

number where the 

document begins].

Eighteen new definitions 

are added. 

* * * * * * * 

Chapter 129—Standards for Sources 

* * * * * * * 

Sources of VOCs 

* * * * * * * 

Section 129.51 .............. General .............................................................. 12/18/10 6/2/11 [Insert page 

number where the 

document begins].

Paragraph 129.51(a) is 

amended. 

* * * * * * * 

Section 129.52c ............ Control of VOC emissions from flat wood paneling surface coating processes.12/18/10 6/2/11 [Insert page 

number where the 

document begins].

New section is added. 

* * * * * * * 

Section 129.66 .............. Compliance schedules and final compliance 

dates.

12/18/10 6/2/11 [Insert page 

number where the 

document begins].

This section is amended. 

* * * * * * * 

* * * * * 

[FR Doc. 2011–13267 Filed 6–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0055–201136; FRL– 

9313–8] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Macon; 

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 

Macon, Georgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

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

attained the 1997 annual average PM2.5

national ambient air quality standard 

(NAAQS). The Macon Area is 

comprised of Bibb County in its entirety 

and a portion of Monroe County. 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 July 5, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2011–0055. 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 Macon 

Area (comprised of Bibb County in its 

entirety and a portion of Monroe 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31859 

County) 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 March 22, 2011 (76 FR 

15892). For summary purposes, the 

Macon-Allied Chemical monitor (13– 

021–0007) did not meet 75 percent 

completeness for the first quarter of 

2008 and the Macon SE monitor (13– 

021–0012) did not meet 75 percent 

completeness for the second and fourth 

quarters of 2008 and third quarter of 

2009. The 3-year average annual 

concentrations for 2007–2009 without 

data substitution are 13.7 μg/m3 for 

Macon Allied and 12.0 μg/m3 for Macon 

SE. The 3-year average annual 

concentrations for 2007–2009 on this 

table with data substitution are 14.9 μg/ 

m3 for Macon Allied and 13.3 μg/m3 for 

Macon SE. EPA proposed that the 

Macon 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 April 21, 2011. No 

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 Macon 

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 Macon 

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 Macon 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 August 1, 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: May 19, 2011. 

Gwendolyn Keyes Fleming, 

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 paragraph (c) to read as follows: 


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31860 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

1That final rule adopting the ES–2re into 49 CFR 

part 572 was published December 14, 2006 (71 FR 

75303, Docket No. NHTSA–04–25441). 

§ 52.578 Control Strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(c) Determination of Attaining Data. 

EPA has determined, as of June 2, 2011, 

the Macon, 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. 

[FR Doc. 2011–13567 Filed 6–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 572 

[Docket No. NHTSA–2010–0146] 

RIN 2127–AK64 

Anthropomorphic Test Devices; Hybrid 

III Test Dummy, ES–2re Side Impact 

Crash Test Dummy 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document corrects or 

makes minor changes to some of the 

drawings incorporated by reference into 

NHTSA regulations by a final rule 

published on June 16, 2008, concerning 

a 50th percentile adult male side crash 

test dummy called the ‘‘ES–2re’’ test 

dummy. The corrections and 

adjustments to the drawings respond to 

requests from test dummy 

manufacturers First Technology Safety 

Systems (FTSS) and Denton ATD 

(Denton). This final rule also corrects 

dimensional errors in a figure which 

depicts the pendulum used in the neck 

qualification tests of several of the crash 

test dummies, including the Hybrid III 

and ES–2re test dummies. 

DATES: The effective date of this final 

rule is November 29, 2011. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register as of November 29, 2011. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than July 18, 

2011. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. (A 

copy of the petition will be placed in 

the docket.) 

Privacy Act: Anyone is able to search 

the electronic form of all submissions 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). A copy of 

the petition will be placed in the docket. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477– 

78). 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Peter 

Martin, NHTSA Office of 

Crashworthiness Standards (telephone 

202–366–5668) (fax 202–493–2990). For 

legal issues, you may call Deirdre Fujita, 

NHTSA Office of Chief Counsel 

(telephone 202–366–2992) (fax 202– 

366–3820). The mailing address for 

these officials is the National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NHTSA published a final rule on June 

16, 2008 (73 FR 33903, Docket No. 

NHTSA–08–0111) that responded to 

various petitions for reconsideration of 

a previous final rule 1 incorporating a 

mid-size adult male crash test dummy, 

called the ‘‘ES–2re’’ test dummy, into 49 

CFR part 572, Subpart U. The ES–2re is 

used in an upgraded Federal Motor 

Vehicle Safety Standard No. 214, ‘‘Side 

impact protection,’’ and in the agency’s 

New Car Assessment Program. The June 

16, 2008 final rule incorporated by 

reference a drawing package, parts list, 

and user’s manual, all dated February 

2008. 

After publication of the June 16, 2008 

final rule, NHTSA received requests 

from dummy manufacturers FTSS and 

Denton to correct errors in or make 

minor changes to the ES–2re drawing 

package. Many of these requested 

changes were wholly corrective, while 

others, although minor, were more 

substantive and notice of such changes 

appeared beneficial. Rather than 

respond to the requested changes 

piecemeal, the agency decided to 

address all the requested changes in a 

rulemaking proceeding that commenced 

with a notice of proposed rulemaking 

(NPRM) published February 5, 2010 (75 

FR 5931; Docket No. NHTSA–2009– 

0194). 

The February 5, 2010 NPRM provided 

a detailed discussion of the proposed 

changes to the ES–2re drawing package 

and parts list. In addition, the NPRM 

proposed to clarify the inclusion of load 

sensors and to correct dimensional 

errors in Figure 22 of 49 CFR part 572, 

which is a figure illustrating the 

pendulum used in the neck 

qualification test for the ES–2re and 

other adult crash test dummies (e.g., the 

Hybrid III 50th percentile adult male). 

NHTSA received no comments on the 

NPRM. We are adopting the changes 

proposed in the NPRM for the reasons 

discussed in that document. 

II. Changes in Response to FTSS 

NHTSA is making the following 

changes to the drawing package and 

parts list for the ES–2re dummy in 

response to FTSS. In the NPRM, NHTSA 

provided a detailed discussion of the 

changes requested by FTSS and our 

rationale underlying our tentative 

decision to grant or deny each request. 

In this final rule, the agency is adopting 

these amendments for the reasons 

discussed in the NPRM. 

1. Drawing 175–1011, Top Plate 

UNLC Blank. NHTSA is removing the ; 

symbol from the dimensions M;5.0, 

M;6.0, M;6, and M;2.5. 

2. Drawing 175–3502, Pivot Stop 

Plate, Left. Note #4 is fixed by replacing 

RH with LH. 

3. Drawing 175–6006, Pubic 

Symphysis Structural Replacement. The 

Part Mark located at the center of the 

part is removed from the drawing. 

4. Drawing 175–6012, Hip Pivot Pin. 

Dimension ‘‘16.994 +0.000/¥ 0.011’’ is 

changed to ‘‘16.990 +0.000/¥0.011.’’ 

5. Drawing 175–6010, Iliac Wing 

Assembly, Left. Drawing dimension 

‘‘17.0556’’ is changed to (17), a reference 

dimension. Dimension ‘‘R0.5’’ is added. 

Dimension ‘‘;20.03 ± 0.05’’ is changed 

to ‘‘;20.05 ± 0.05.’’ The material 

reference block is amended to specify 

the material to be ‘‘PU Resin’’ 

(polyurethane). 

6. Drawing 175–6063, Femur Bearing 

Plate, Left. The ‘‘48.3000 ± 0.0001’’ 

dimension is changed to ‘‘48.3.’’ The 

17.5000 dimension for hole depth in 

zone C–2 is changed to (17.5) to indicate 

a reference. Zone D–1 is amended by 

eliminating an extra ‘‘R’’ in the R23.5 

dimension. 

7. Drawing 175–6068, Femur Bearing 

Plate, Right. We are removing the 


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