Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 6467 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. The rule could 

affect only VA beneficiaries and will not 

directly affect small entities. Therefore, 

pursuant to 5 U.S.C. 605(b), this rule is 

exempt from the initial and final 

regulatory flexibility analyses 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are as follows: 64.109, 

Veterans Compensation for ServiceConnected Disability; and 64.110, 

Veterans Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on February 2, 2012, for 

publication. 

List of Subjects in 38 CFR Part 4 

Disability benefits, Pensions, 

Veterans. 

Dated: February 3, 2012. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons set out in the 

preamble, 38 CFR part 4 is amended as 

set forth below: 

PART 4—SCHEDULE FOR RATING 

DISABILITIES 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 38 U.S.C. 1155, unless 

otherwise noted. 

Subpart B—Disability Ratings 

§ 4.117 [Amended] 

■ 2. In § 4.117, add diagnostic code 

7717, immediately following the note at 

the end of diagnostic code 7716, to read 

as follows: 

§ 4.117 Schedule of ratings—hemic and 

lymphatic systems. 

Rating 

* * * * * 

7717 AL amyloidosis (primary 

amyloidosis) .............................. 100 

■ 3. In Appendix A to part 4, under Sec. 

4.117, add diagnostic code 7717 in 

numerical order (following diagnostic 

code number 7716) to the table to read 

as follows: 

Appendix A to Part 4—Table of 

Amendments and Effective Dates Since 

1946 

Sec. Diagnostic 

Code No. 

* * * * * 

4.117.

* * * * * 

7717 Added 3/9/2012. 

* * * * * 

■ 4. In Appendix B to part 4 add 

diagnostic code 7717 to the table in 

numerical order (following the entry for 

diagnostic code number 7716) and its 

disability entry ‘‘AL amyloidosis 

(primary amyloidosis)’’ to read as 

follows: 

Appendix B to Part 4—Numerical Index 

of Disabilities 

Diagnostic Code No. 

THE HEMIC AND LYMPHATIC SYSTEMS 

* * * * * 

7717 .......................... AL amyloidosis (primary amyloidosis). 

* * * * * 

■ 5. Appendix C to part 4 is amended 

by adding in alphabetical order 

(following ‘‘Agranulocytosis’’) a new 

entry ‘‘AL amyloidosis’’ and its 

diagnostic code number ‘‘7717’’ to read 

as follows: 

Appendix C to Part 4—Alphabetical 

Index of Disabilities 

Diagnostic Code 

No. 

* * * * * 

AL amyloidosis ................. 7717 

* * * * * 

[FR Doc. 2012–2883 Filed 2–7–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0084–201167(a); 

FRL–9628–2] 

Approval and Promulgation of 

Implementation Plans; Alabama, 

Georgia, and Tennessee: Chattanooga; 

Particulate Matter 2002 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory portion of the State 

Implementation Plan (SIP) revisions 

submitted by the States of Alabama on 

July 31, 2009, Georgia on October 27, 

2009, and Tennessee on October 15, 

2009. The emissions inventory is part of 

the tri-state Chattanooga, AlabamaGeorgia-Tennessee, (hereafter referred to 

as ‘‘the Chattanooga Area’’ or ‘‘Area’’), 

PM2.5 attainment demonstrations that 

were submitted for the 1997 annual 

PM2.5 National Ambient Air Quality 

Standards (NAAQS). This action is 

being taken pursuant to section 110 of 

the Clean Air Act (CAA). 

DATES: This direct final rule is effective 

April 9, 2012 without further notice, 

unless EPA receives adverse comment 

by March 9, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0084, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 


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6468 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 

1Per phone conversation between Lynorae 

Benjamin (EPA Region 4) and Jimmy Johnson 

(Georgia Department of Natural Resources) on 

October 17, 2011, the withdrawal notice did not 

include the emissions inventory portion of the 

submittal. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0084,’’ 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0084. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in 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: 

I. Background 

II. Analysis of State Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. On January 

5, 2005 (70 FR 944), EPA published its 

air quality designations and 

classifications for the 1997 annual PM2.5

NAAQS based upon air quality 

monitoring data for calendar years 

2001–2003. These designations became 

effective on April 5, 2005. The 

Chattanooga Area (which is comprised 

of a portion of Jackson County in 

Alabama, Catoosa and Walker Counties 

in Georgia and Hamilton County in 

Tennessee) was designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS. See 40 CFR 81.311. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP under title 1, part D of the CAA. 

This SIP must include, among other 

elements, a demonstration of how the 

NAAQS will be attained in the 

nonattainment area as expeditiously as 

practicable but no later than the date 

required by the CAA. Under CAA 

section 172(b), a state has up to three 

years after an area’s designation as 

nonattainment to submit its SIP to EPA. 

For the 1997 PM2.5 NAAQS, these SIPs 

were due April 5, 2008. See 40 CFR 

51.1002(a). 

On July 31, 2009, October 27, 2009, 

and October 15, 2009, Alabama, Georgia 

and Tennessee (respectively) submitted 

attainment demonstrations and 

associated reasonably available control 

measures (RACM), reasonable further 

progress (RFP) plans, contingency 

measures, a 2002 base year emissions 

inventory and other planning SIP 

revisions related to attainment of the 

1997 annual PM2.5 NAAQS in the 

Chattanooga Area. On May 31, 2011 (76 

FR 31239), EPA determined that the 

Chattanooga Area attained the 1997 

annual average PM2.5 NAAQS. The 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2007–2009 period, showing that the 

Area had monitored attainment of the 

1997 annual PM2.5 NAAQS. The 

requirements for the Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the standard were 

suspended as a result of the 

determination of attainment, so long as 

the Area continues to attain the 1997 

annual PM2.5 NAAQS. See 40 CFR 

51.1004(c). 

On June 29, 2011, Georgia withdrew 1

its Chattanooga attainment plan as 

allowed by 40 CFR 51.1004(c); however, 

such withdrawal does not suspend the 

emissions inventory requirement found 

in CAA section 172(c)(3). Section 

172(c)(3) of the CAA requires 

submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. EPA is 

now approving the emissions inventory 

portion of the SIP revisions submitted 

on July 31, 2009, October 27, 2009 and 

October 15, 2009, by Alabama, Georgia 

and Tennessee (respectively), as 

required by section 172(c)(3). 

II. Analysis of State Submittals 

As discussed above, section 172(c)(3) 

of the CAA requires areas to submit a 

comprehensive, accurate and current 

inventory of actual emissions from all 

sources of the relevant pollutant or 

pollutants in such area. Alabama, 


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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 6469 

Georgia and Tennessee selected 2002 as 

base year for their emissions inventory 

per 40 CFR 51.1008(b). Emissions 

contained in the Chattanooga emissions 

inventory cover the general source 

categories of point sources, non-road 

mobile sources, area sources, on-road 

mobile sources, and biogenic sources. A 

detailed discussion of the emissions 

inventory development can be found in 

Section 4 of the Alabama submittal, 

Appendix H of the Georgia submittal, 

and Appendix 4 of the Tennessee 

submittal. A summary is also provided 

below. 

The tables below provide a summary 

of the annual 2002 emissions of nitrogen 

oxides (NOX), sulfur dioxide (SO2) and 

PM2.5. 

TABLE 1—2002 ANNUAL EMISSIONS FOR THE CHATTANOOGA AREA (tONS) 

County 

Point sources 

NOX SO2 PM2.5

Jackson, AL (partial) .......................................................................................................................... 26,337 44,080 933 

Catoosa, GA ...................................................................................................................................... 0 0 0 

Walker, GA ........................................................................................................................................ 45.7 203.1 1.7 

Hamilton, TN ...................................................................................................................................... 2,856 1,721 567 

Non-road sources 

Jackson, AL (partial) .......................................................................................................................... 14 5 1 

Catoosa, GA ...................................................................................................................................... 671.4 50.8 37.4 

Walker, GA ........................................................................................................................................ 269.1 21 19.2 

Hamilton, TN ...................................................................................................................................... 6,428 539 292 

Area sources 

Jackson, AL (partial) .......................................................................................................................... 3 17 12 

Catoosa, GA ...................................................................................................................................... 165.4 272.8 688.7 

Walker, GA ........................................................................................................................................ 417.4 763.9 1,040.6 

Hamilton, TN ...................................................................................................................................... 639 507 1,000 

Mobile sources 

Jackson, AL (partial) .......................................................................................................................... 7 6 0 

Catoosa, GA ...................................................................................................................................... 2,377.1 92.1 37.2 

Walker, GA ........................................................................................................................................ 1,698.7 71.1 29.3 

Hamilton, TN ...................................................................................................................................... 11,610 461 183 

The 172(c)(3) emissions inventory is 

developed by the incorporation of data 

from multiple sources. States were 

required to develop and submit to EPA 

a triennial emissions inventory 

according to the Consolidated Emissions 

Reporting Rule for all source categories 

(i.e., point, area, nonroad mobile and 

on-road mobile). This inventory often 

forms the basis of data that are updated 

with more recent information and data 

that also are used in the attainment 

demonstration modeling inventory. 

Such was the case in the development 

of the 2002 emissions inventory that 

was submitted in each State’s 

attainment SIPs for this Area. The 2002 

emissions inventory was based on data 

developed with the Visibility 

Improvement State and Tribal 

Association of the Southeast (VISTAS) 

contractors and submitted by the States 

to the 2002 National Emissions 

Inventory. Several iterations of the 2002 

inventories were developed for the 

different emissions source categories 

resulting from revisions and updates to 

the data. This resulted in the use of 

version G2 of the updated data to 

represent the point sources’ emissions. 

Data from many databases, studies and 

models (e.g., Vehicle Miles Traveled, 

fuel programs, the NONROAD 2002 

model data for commercial marine 

vessels, locomotives and Clean Air 

Market Division, etc.) resulted in the 

inventory submitted in these SIPs. The 

data were developed according to 

current EPA emissions inventory 

guidance ‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations’’ (August 2005) and a 

quality assurance project plan that was 

developed through VISTAS and 

approved by EPA. EPA agrees that the 

process used to develop these 

inventories was adequate to meet the 

requirements of CAA 172(c)(3) and the 

implementing regulations. 

EPA has reviewed the emissions 

inventories from Alabama, Georgia and 

Tennessee, and finds that they are 

adequate for the purposes of meeting 

section 172(c)(3) emissions inventory 

requirement for the 1997 annual PM2.5

standard. The emissions inventories are 

approvable because the emissions were 

developed consistent with the CAA, 

implementing regulations and EPA 

guidance for emission inventories. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory portion of the SIP 

revisions submitted by: the State of 

Alabama on July 31, 2009, the State of 

Georgia on October 27, 2009 and the 

State of Tennessee on October 15, 2009. 

This action is being taken pursuant to 

section 110 of the CAA. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective April 9, 2012 without further 

notice unless the Agency receives 

adverse comments by March 9, 2012. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 


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6470 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on April 9, 2012 

and no further action will be taken on 

the proposed rule. 

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 state law as meeting 

Federal requirements and does 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 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 

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 April 9, 2012. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements and Sulfur oxides. 

Dated: January 27, 2012. 

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 B—Alabama 

■ 2. Section 52.50(e) is amended by 

adding a new entry for ‘‘Chattanooga; 

Fine Particulate Matter 2002 Base Year 

Emissions Inventory’’ at the end of the 

table to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area 

State submittal 

date/effective date EPA approval date Explanation 

*******

Chattanooga; Fine Particulate Matter 2002 Base 

Year Emissions Inventory.

Jackson County ..... 7/31/09 2/8/12 [Insert citation of publication].

Subpart L—Georgia 

■ 2. Section 52.570(e), is amended by 

adding a new entry 29 to read as 

follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 6471 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date 

*******

29. Chattanooga; Fine Particulate Matter 2002 Base 

Year Emissions Inventory.

Catoosa and Walker Counties ........ 10/27/09 2/8/12 [Insert citation of 

publication]. 

Subpart RR—Tennessee 

■ 2. Section 52.2220(e) is amended by 

adding a new entry for ‘‘Chattanooga; 

Fine Particulate Matter 2002 Base Year 

Emissions Inventory’’ at the end of the 

table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or nonattainment area 

State effective 

date EPA approval date Explanation 

*******

Chattanooga; Fine Particulate Matter 2002 Base 

Year Emissions Inventory.

Hamilton County .......................... 10/15/09 2/8/12 [Insert citation of publication].

[FR Doc. 2012–2731 Filed 2–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2007–0573; FRL–9333–7] 

Bacillus thuringiensis Cry2Ae Protein 

in Cotton; Exemption from the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Bacillus 

thuringiensis Cry2Ae protein in or on 

the food and feed commodities of 

cotton; cotton, undelinted seed; cotton, 

gin byproducts; cotton, forage; cotton, 

hay; cotton, hulls; cotton, meal; and 

cotton, refined oil, when used as a 

plant-incorporated protectant (PIP) in 

cotton. Bayer CropScience LP submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Bacillus thuringiensis 

Cry2Ae protein in cotton under the 

FFDCA. 

DATES: This regulation is effective 

February 8, 2012. Objections and 

requests for hearings must be received 

on or before April 9, 2012, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0573. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8097; email address: 

bacchus.shanaz@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 174 

through the Government Printing 

Office’s e-CFR site at http:// 


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