11738 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

participate in the program established 

under this Part are required to treat all 

requests for information concerning 

applicants and recipients of WAP funds 

in a manner consistent with the Federal 

Government’s treatment of information 

requested under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, 

including the privacy protections 

contained in Exemption (b)(6) of the 

FOIA, 5 U.S.C. 552(b)(6). Under 5 U.S.C. 

552(b)(6), information relating to an 

individual’s eligibility application or 

the individual’s participation in the 

program, such as name, address, or 

income information, are generally 

exempt from disclosure. 

(2) A balancing test must be used in 

applying Exemption (b)(6) in order to 

determine: 

(i) Whether a significant privacy 

interest would be invaded; 

(ii) Whether the release of the 

information would further the public 

interest by shedding light on the 

operations or activities of the 

Government; and 

(iii) Whether in balancing the privacy 

interests against the public interest, 

disclosure would constitute a clearly 

unwarranted invasion of privacy. 

(3) A request for personal information 

including but not limited to the names, 

addresses, or income information of 

WAP applicants or recipients would 

require the State or other service 

provider to balance a clearly defined 

public interest in obtaining this 

information against the individuals’ 

legitimate expectation of privacy. 

(4) Given a legitimate, articulated 

public interest in the disclosure, States 

and other service providers may release 

information regarding recipients in the 

aggregate that does not identify specific 

individuals. However, a State or service 

provider must apply an FOIA 

Exemption (b)(6) balancing test to any 

request for information that can not be 

satisfied by such less-intrusive methods. 

[FR Doc. 2012–4643 Filed 2–27–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No.: FAA–2012–0007; Amdt. No. 

135–126] 

RIN 2120–AK02 

Authorization To Use Lower Than 

Standard Takeoff, Approach and 

Landing Minimums at Military and 

Foreign Airports; Confirmation of 

Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on January 11, 2012. The rule 

allows qualified operators to conduct 

lower than standard instrument flight 

rules (IFR) airport operations at military 

airports or outside the United States 

when authorized to do so by their 

operations specifications. 

DATES: The effective date for the direct 

final rule published on January 11, 

2012, at 77 FR 1629, is confirmed as 

February 27, 2012. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Gregory French, Air 

Transportation Division, 135 Air Carrier 

Operations Branch, AFS–250, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–4112; email 

gregory.french@faa.gov. 

For legal questions concerning this 

action, contact Robert Frenzel, Office of 

the Chief Counsel, Operations Law 

Branch, (AGC–220), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email 

robert.frenzel@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Before publication of this direct final 

rule on January 11, 2012 (77 FR 1629), 

Title 14, Code of Federal Regulations 

(14 CFR) limited certain operators to a 

takeoff minimum visibility of 1 mile, 

and a landing minimum visibility of 1⁄2

mile when conducting IFR operations at 

foreign and military airports, even when 

the operator has demonstrated the 

ability to safely conduct operations in 

lower visibility. The FAA has 

determined since many part 135 

operators have met the requirement 

necessary to conduct lower than 

standard IFR operations authorized by 

OpSpec C079, it would amend the 

requirement to allow for lower than 

standard IFR operations at military and 

foreign airports only for those part 135 

operators authorized through that 

OpSpec. 

Discussion of Comments 

The FAA received comments from 

two individual commenters. Both 

commenters supported the rule change. 

The commenters generally stated that 

the rule change permitted those 

operators that obtain authority to 

conduct lower than standard visibility 

operations at U.S. airports to exercise 

the same authority at foreign and 

military airports. 

Conclusion 

After consideration of the comments 

submitted in response to the direct final 

rule, the FAA has determined that no 

further rulemaking action is necessary. 

The rule will take effect on February 27, 

2012. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http:// 

www.fdsys.gov. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s 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.). 


erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11739 

1The NPR cited CAA sections 181(b)(2)(A) and 

179(c) as the statutory authority for determining 

whether the Washington Area attained the 1997 8- 

hour ozone NAAQS by its attainment date. In this 

final notice, EPA is correcting that statement to 

clarify that here the appropriate statutory authority 

derives from section 181(b)(2)(A). 

2 In the NPR, EPA stated that its obligations to 

determine if an area attained the 1997 8-hour 

NAAQS by its attainment was found under CAA 

sections 181(b)(2)(A) and 179. EPA notes that for an 

area such as the Washington Area, which is 

designated moderate nonattainment for the 1997 8- 

hour ozone standard, the proper citation is CAA 

section 181(b)(2)(A). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http:// 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

Issued in Washington, DC, on February 23, 

2012. 

John W. McGraw, 

Acting Director, Flight Standards Service. 

[FR Doc. 2012–4633 Filed 2–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0986; FRL–9634–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

Determinations of Attainment of the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard for the 

Washington, DC-MD-VA 8-Hour Ozone 

Moderate Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations regarding the 

Washington, DC-MD-VA moderate 8- 

hour ozone nonattainment area (the 

Washington Area). First, EPA is making 

a determination that the Washington 

Area has attained the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) by its June 15, 2010 

attainment date. This determination is 

based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007–2009 monitoring 

period. Second, EPA is making a clean 

data determination, finding that the 

Washington Area has attained the 1997 

8-hour ozone NAAQS, based on 

complete, quality assured, and certified 

ambient air monitoring data for the 

2007–2009 and 2008–2010 monitoring 

periods. In accordance with EPA’s 

applicable ozone implementation rule, 

this clean data determination suspends 

the requirement for the Washington 

Area to submit an attainment 

demonstration, reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan and 

contingency measures related to 

attainment of the 1997 8-hours ozone 

NAAQS. These requirements shall be 

suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. These actions are being 

taken under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on March 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0986. All 

documents in the docket are listed in 

the 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 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this action. 

I. Background 

II. Summary of Actions 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia, the State of Maryland, and 

the Commonwealth of Virginia (the 

States) on September 20, 2011 (76 FR 

58206). Pursuant to section 

181(b)(2)(A) 1 of the CAA, the 

September 20, 2011 NPR proposed to 

determine that the Washington Area 

attained the 1997 8-hour ozone NAAQS 

by its attainment date, June 15, 2010. 

This proposed determination was based 

upon complete, quality assured, and 

certified ambient air monitoring data for 

the 2007–2009 monitoring period that 

show the area has monitored attainment 

of the 1997 8-hour ozone NAAQS 

during this monitoring period. 

Complete, quality assured, and certified 

ambient air monitoring data for the 

2008–2010 monitoring period shows 

continued attainment. 

The September 20, 2011 NPR also 

proposed to make a clean data 

determination that the Washington Area 

has attained the 1997 8-hour ozone 

NAAQS. This proposed clean data 

determination was based upon 

complete, quality assured, and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 8-hour ozone NAAQS for the 

2007–2009 and 2008–2010 monitoring 

periods. As a result of this 

determination, the requirement for this 

area to submit an attainment 

demonstration, a RACM analysis, an 

RFP plan, contingency measures, and 

other planning requirements related to 

attainment of the 1997 8-hours ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

8-hour ozone NAAQS. 

II. Summary of Actions 

A. Determination of Attainment by the 

Attainment Date 

EPA is making a determination that 

the Washington Area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. As a 

result of this action, EPA has met its 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard by that date. The effect of a 

final determination of attainment by the 

area’s attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2)(A),2 and to establish that, in 

accordance with CAA section 

181(b)(2)(A), the area will not be 

reclassified for failure to attain by its 

applicable attainment date. This 

determination of attainment is not 

equivalent to a redesignation. The state 

must still meet the statutory 

requirements for redesignation in order 

to be redesignated to attainment. 


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