Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36873 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies restricted airspace in the 

vicinity of Camp Shelby, MS, to 

enhance the safe and the efficient use of 

the National Airspace System. 

Environmental Review 

In July 2008, the Air National Guard 

(ANG) published a Final Environmental 

Assessment (FEA) ‘‘Modification of 

CRTC-Used Airspace: Combat Readiness 

Training Center’’ and associated Finding 

of No Significant Impact (FONSI) dated 

July 1, 2008. The ANG prepared the 

FEA and associated FONSI in 

compliance with their obligations under 

the National Environmental Policy Act 

(NEPA) and as specified in ANG 

environmental regulations. The FAA 

was a cooperating agency in the NEPA 

process and provided input during the 

ANG environmental process. 

Additionally, in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 404d, the FAA has 

independently evaluated the 

information contained in the FEA and is 

adopting the content that addresses 

FAA actions pursuant to 40 CFR 

1506.3(a) and (c) and has issued a 

FONSI/Record of Decision (ROD) dated 

May 2011. This final rule, which 

modifies the Camp Shelby. MS, 

restricted areas, will not result in 

significant environmental impacts. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.44 [Amended] 

■ 2. Section 73.44 is amended as 

follows: 

* * * * * 

1. R–4401A Camp Shelby, MS [Amended] 

By removing the current boundaries, 

altitudes, time of designation and using 

agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. Surface to but not 

including 4,000 feet MSL. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

2. R–4401B Camp Shelby, MS [Amended] 

By removing the current boundaries, 

designated altitudes, time of designation and 

using agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. 4,000 feet MSL to but 

not including 10,000 feet MSL. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

3. R–4401C Camp Shelby, MS [Amended] 

By removing the current boundaries, 

designated altitudes, time of designation and 

using agency and substituting the following: 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. 10,000 feet MSL to 

but not including FL 180. 

Time of designation. By NOTAM at least 

24 hours in advance. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

4. R–4401D Camp Shelby, MS [New] 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. FL 180 to but not 

including FL 230. 

Time of designation. By NOTAM 4 hours 

in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

5. R–4401E Camp Shelby, MS [New] 

Boundaries. Beginning at lat. 31°12′55′′ N., 

long. 89°11′03′′ W.; to lat. 31°11′49′′ N., long. 

89°00′00′′ W.; to lat. 31°10′16′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

88°56′34′′ W.; to lat. 31°04′37′′ N., long. 

89°11′00′′ W.; to the point of beginning. 

Designated altitudes. FL 230 to FL 290. 

Time of designation. By NOTAM four 

hours in advance. 

Controlling agency. FAA, Houston ARTCC. 

Using agency. Commanding Officer, Camp 

Shelby, MS. 

Issued in Washington, DC, on June 15, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–15702 Filed 6–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1036–201138; FRL– 

9322–4] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Atlanta; 

Determination of Attainment for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Atlanta, Georgia 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

based on quality assured, quality 

controlled monitoring data from 2008– 

2010. The Atlanta, Georgia 1997 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘Atlanta Area’’ or ‘‘the 

Area’’) is comprised of Barrow, Bartow, 

Carroll, Cherokee, Clayton, Cobb, 

Coweta, Dekalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding 

and Walton Counties in Georgia. This 


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36874 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 

determination is based upon complete, 

quality assured, quality controlled, and 

certified ambient air monitoring data for 

the years 2008–2010 showing that the 

Atlanta Area has monitored attainment 

of the 1997 8-hour ozone NAAQS. The 

requirement for the State of Georgia to 

submit an attainment demonstration 

and associated reasonably available 

control measures (RACM) analyses, 

reasonable further progress (RFP) plans, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for the Atlanta 

Area, shall be suspended for as long as 

the Area continues to meet the 1997 8- 

hour ozone NAAQS. 

DATES: Effective Date: This final rule is 

effective on July 25, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–1036. 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: Jane 

Spann or Zuri Farngalo, 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. Ms. 

Spann may be reached by phone at (404) 

562–9029 or via electronic mail at 

spann.jane@epa.gov. Mr. Farngalo may 

be reached by phone at (404) 562–9152 

or via electronic mail at 

farngalo.zuri@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 Atlanta 

Area has attained the 1997 8-hour ozone 

NAAQS. This determination is based 

upon quality assured, quality controlled 

and certified ambient air monitoring 

data that shows the Atlanta Area has 

monitored attainment of the 1997 8- 

hour ozone NAAQS based on the 2008– 

2010 data. 

Other specific requirements of the 

determination and the rationale for 

EPA’s final action are explained in the 

notice of proposed rulemaking (NPR) 

published on March 25, 2011, (76 FR 

16718) and will not be restated here. 

The comment period closed on April 25, 

2011. EPA did not receive any 

comments on the March 25, 2011, NPR. 

II. What is the effect of this action? 

This final action, in accordance with 

40 CFR 51.918, suspends the 

requirements for the Atlanta Area to 

submit attainment demonstrations, 

associated RACM, RFP, contingency 

measures, and other planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS as long as the Area 

continues to meet the 1997 8-hour 

ozone NAAQS. Finalizing this action 

does not constitute a redesignation of 

the Atlanta Area to attainment for the 

1997 8-hour ozone NAAQS under 

section 107(d)(3) of the Clean Air Act 

(CAA or Act). 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 taking final action to 

determine that the Atlanta Area has 

attaining data for the 1997 8-hour ozone 

NAAQS. This determination is based 

upon quality assured, quality 

controlled, and certified ambient air 

monitoring data showing that the 

Atlanta Area has monitored attainment 

of the 1997 8-hour ozone NAAQS 

during the period 2008–2010. This final 

action, in accordance with 40 CFR 

51.918, 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 8-hour ozone NAAQS as long 

as the Area continues to meet the 1997 

8-hour ozone NAAQS. 

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). 

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 


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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations 36875 

circuit by August 22, 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, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds, Oxides of nitrogen. 

Dated: June 9, 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 52.582 is amended by 

adding paragraph (d) to read as follows: 

§ 52.582 Control strategy: Ozone. 

* * * * * 

(d) Determination of attaining data. 

EPA has determined, as of June 23, 

2011, the Atlanta, Georgia 

nonattainment area has attaining data 

for the 1997 8-hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.918, 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 8-hour ozone NAAQS. 

[FR Doc. 2011–15616 Filed 6–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–0004–201119; EPA– 

R04–OAR–2010–0958–201119; FRL–9322–6] 

Approval and Promulgation of 

Implementation Plans; South Carolina: 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter and 

Nitrogen Oxides as a Precursor to 

Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve three revisions to the South 

Carolina State Implementation Plan 

(SIP), submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC), to 

EPA on December 2, 2010, (for parallel 

processing) and April 14, 2009, and 

March 16, 2011. South Carolina 

provided the final version of the 

December 2, 2010, parallel processing 

submittal on March 16, 2011. The SIP 

revisions approved by this action 

incorporate updates to South Carolina’s 

air quality regulations under South 

Carolina’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) programs. First, the 

revisions incorporate a PSD permitting 

requirement promulgated in the 1997 8- 

Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

Implementation Rule NSR Update Phase 

II (hereafter referred to as the ‘‘Ozone 

Implementation NSR Update or ‘‘Phase 

II Rule’’). Second, the revisions 

incorporate NSR provisions relating to 

the fine particulate matter (PM2.5) 

NAAQS as amended in EPA’s 2008 NSR 

PM2.5 Implementation Rule (hereafter 

referred to as the ‘‘NSR PM2.5 Rule’’). 

Third, the revisions incorporate NNSR 

requirements for calculating emissions 

reductions that will be used as emission 

offsets and ensures that those reductions 

are surplus to other federal 

requirements. As a result of the third 

revision, EPA also is taking final action 

to convert its conditional approval of 

South Carolina’s NNSR permitting 

program to full approval. EPA is 

approving South Carolina’s March 16, 

2011, and April 14, 2009, SIP revisions 

because they are in accordance with the 

Clean Air Act (CAA or Act). 

Additionally, EPA is responding to 

adverse comments received on EPA’s 

March 15, 2011, proposed approval of 

South Carolina’s December 2, 2010, 

proposed SIP revision. 

DATES: Effective Date: This rule will be 

effective July 25, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2005–0004 and EPA–R04–OAR–2010– 

0958. All documents in the docket are 

listed on the http://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 

http://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: For 

information regarding the South 

Carolina SIP, contact Ms. Twunjala 

Bradley, 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. Ms. 

Bradley’s telephone number is (404) 

562–9352; e-mail address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Ms. Adams’ 

telephone number is (404) 562–9214; email address: adams.yolanda@epa.gov. 

For information regarding the Phase II 

Rule, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Ms. Spann’s 

telephone number is (404) 562–9029; 

e-mail address: spann.jane@epa.gov. 

For information regarding the PM2.5

NAAQS, contact Mr. Joel Huey, 

Regulatory Development Section, at the 

same address above. Mr. Huey’s 

telephone number is (404) 562–9104; 

e-mail address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 


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