3386 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742 and 774 

[Docket No. 110825537–2038–02] 

RIN 0694–AF38 

Export and Reexport License 

Requirements for Certain Microwave 

and Millimeter Wave Electronic 

Components: Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule: Correction. 

SUMMARY: This correction adds a 

compliance date of February 9, 2012, to 

a final rule published on January 9, 

2012 (77 FR 1017). That final rule 

imposed a license requirement on 

exports and reexports to all destinations 

other than Canada of two types of 

microwave and millimeter wave 

electronic components. The two 

components are packaged high electron 

mobility transistors and packaged 

microwave ‘‘monolithic integrated 

circuits’’ power amplifiers that meet 

certain criteria with respect to frequency 

range, size and output power. BIS is 

publishing this correction to make sure 

exporters and reexporters have 

sufficient time to comply with the rule. 

DATES: Effective date: January 24, 2012. 

Compliance date: All exports and 

reexports on or after February 9, 2012, 

for which the rule published at 77 FR 

1017, January 9, 2012, creates a new 

license requirement must be in 

compliance with the terms of that rule. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Office of Exporter Services, 

(202) 482–2440, 

william.arvin@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 9, 2012, BIS published a final 

rule imposing a license requirement on 

exports and reexports to all destinations 

other than Canada of two types of 

microwave and millimeter wave 

electronic components (77 FR 1017, 

January 9, 2012, FR Doc. 2012–135). The 

two components are packaged high 

electron mobility transistors (HEMT) 

and packaged microwave ‘‘monolithic 

integrated circuits’’ (MMIC) power 

amplifiers that meet certain criteria with 

respect to frequency range, size and 

output power. That rule was effective 

upon publication and did not provide 

for any delay in compliance. This 

correction adds a compliance date of 

February 9, 2012, to provide time for 

exporters and reexporters upon whom 

this rule imposes a new license 

requirement to apply for any necessary 

licenses. This correction makes no other 

changes to the rule. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2012–1229 Filed 1–23–12; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0605; FRL–9620–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Clean Vehicles Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This SIP revision 

contains Pennsylvania’s Clean Vehicle 

Program, which adopts California’s 

second generation low emission vehicle 

program for light-duty vehicles (LEV II). 

The Clean Air Act (CAA) contains 

specific authority allowing any state to 

adopt new motor vehicle emissions 

standards that are identical to 

California’s standards in lieu of 

applicable Federal standards. 

Pennsylvania has adopted a Clean 

Vehicle Program that incorporates by 

reference provisions of California’s LEV 

II rules and specifies a transition 

mechanism for compliance with these 

clean vehicle standards in 

Pennsylvania. EPA is approving this SIP 

revision, in accordance with the 

requirements of the CAA, which will 

help Pennsylvania to achieve and 

maintain attainment of the National 

Ambient Air Quality Standard (NAAQS) 

for ozone. 

DATES: Effective Date: This final rule is 

effective on February 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0605. 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. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by email 

at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On November 4, 2011 (76 FR 

68381), EPA published a notice of 

proposed rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s Clean Vehicle Program 

rule, in which the Commonwealth 

adopted California’s Low Emission 

Vehicle Program (California LEV), under 

authority of section 177 of the CAA. The 

formal SIP Clean Vehicle SIP revision 

was submitted by Pennsylvania on May 

31, 2007. 

II. Summary of SIP Revision 

Pennsylvania adopted its revised 

Clean Vehicles Program rule and 

published it as a final rule in December 

9, 2006 edition of the Pennsylvania 

Bulletin (36 Pa.B. 7424). The Clean 

Vehicle Program rule was meant to 

formalize cessation of Pennsylvania’s 

participation of the National Low 

Emission Vehicle (NLEV) program. The 

Commonwealth had participated in the 

NLEV program prior to implementation 

by EPA of its second general Federal 

motor vehicle emissions standards 

under the 1990 CAA (i.e., Tier 2 

standards). By model year 2006, Federal 

Tier 2 standards had superseded prior 

NLEV standards, except where states 

had adopted California emission 

standards as an alternative to Federal 

emission standards, under authority 

granted under section 177 of the CAA. 

Pennsylvania had adopted California 

LEV program as a ‘‘backstop’’ to its 

NLEV program, to take effect upon the 

expiration of the NLEV program. 

Pennsylvania’s May 2007 Clean 

Vehicles SIP revision reiterated the 

Commonwealth’s participation in the 

California LEV program, updated its 

incorporation by reference to include 

the most recent version of California’s 

program, delayed the start date for the 


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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3387 

Pennsylvania Clean Vehicle Program 

from model year 2006 to model year 

2008 (leaving the Tier 2 Federal 

standards as the compliance alternative 

for the 2006–2008 model years), and 

made changes to the Clean Vehicle 

Program to reflect post-1998 changes 

made by California and specified a 3- 

year early credit earning period within 

which vehicle manufacturers could 

comply with the program’s fleet average 

non-methane organic gases (NMOG) 

requirements. For a more complete 

summary and additional background 

information on the Pennsylvania Clean 

Vehicle program, refer to EPA’s NPR 

published in the November 4, 2011 

Federal Register. 

Other specific requirements of the 

Pennsylvania Clean Vehicle Program 

and EPA’s rationale for our proposed 

action are explained in the NPR and 

will not be restated here. EPA received 

one public comment on the NPR, which 

was supportive of both Pennsylvania’s 

adoption of and EPA’s approval of the 

Clean Vehicle Program. 

III. Final Action 

EPA is approving the Clean Vehicle 

Program as a revision to the 

Pennsylvania SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 March 26, 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. This action to 

approve the Pennsylvania Clean Vehicle 

Program SIP 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 4, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by: 

■ a. Revising the entry for Section 121.1. 

■ b. Revising the entry for Section 

126.401. 

■ c. Removing the entry for Section 

126.402. 

■ d. Revising the entries for Sections 

126.411, 126.412, and 126.413. 

■ e. Revising the heading between 

Sections 126.413 and 126.421. 

■ f. Revising the entries for Sections 

126.421, 126.422, 126.423, 126.424, and 

126.425. 

■ g. Revising the entries for Sections 

126.431, 126.432, and 126.441. 

■ h. Adding a new heading and entry for 

Section 126.451. 

The amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 


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3388 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / 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 ............................... 12/9/06 1/24/12 [Insert page number 

where the document begins].

Adding definition of one term, 

revising definitions of four 

terms, and removing definitions of five terms. 

*******

Chapter 126—Motor Vehicle and Fuels Programs 

*******

Subchapter D. Pennsylvania Clean Vehicles Program 

General Provisions 

Section 126.401 ....................... Purpose .................................. 12/9/06 1/24/12 [Insert page number 

where the document begins].

Pennsylvania Clean Vehicles Program 

Section 126.411 ....................... General requirements ............. 12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.412 ....................... Emission requirements ........... 12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.413 ....................... Exemptions ............................. 12/9/06 1/24/12 [Insert page number 

where the document begins].

Applicable New Motor Vehicle Testing 

Section 126.421 ....................... Exemptions ............................. 12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.422 ....................... New motor vehicle compliance 

testing.

12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.423 ....................... Assembly line testing .............. 12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.424 ....................... In-use motor vehicle enforcement testing.12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.425 ....................... In-use surveillance testing ...... 12/9/06 1/24/12 [Insert page number 

where the document begins].

Motor Vehicle Manufacturers’ Obligations 

Section 126.431 ....................... Warranty and recall ................ 12/9/06 1/24/12 [Insert page number 

where the document begins].

Section 126.432 ....................... Reporting requirements .......... 12/9/06 1/24/12 [Insert page number 

where the document begins].

Motor Vehicle Dealer Responsibilities 

Section 126.441 ....................... Responsibility of motor vehicle 

dealers.

12/9/06 1/24/12 [Insert page number 

where the document begins].

Department Responsibilities 

Section 126.451 ....................... Responsibilities of the Department.12/9/06 1/24/12 [Insert page number 

where the document begins].

* * * * * * * 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3389 

* * * * * 

[FR Doc. 2012–1300 Filed 1–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2011–0848; FRL–9620–6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, State of West 

Virginia; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia hospital/medical/infectious 

waste incinerator (HMIWI) Section 

111(d)/129 plan (the ‘‘plan’’). The 

revision contains a modified state rule 

for solid waste combustion that was 

updated as a result of the October 6, 

2009 amendments to Federal Emission 

Guidelines (EG) and New Source 

Performance Standards (NSPS), 40 CFR 

part 60, subparts Ce and Ec respectively. 

While West Virginia’s revised regulation 

contains requirements for various types 

of solid waste incineration units, the 

revisions and approval action relate 

only to HMIWI units. 

DATES: This rule is effective March 26, 

2012 without further notice, unless EPA 

receives adverse written comment by 

February 23, 2012. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0848 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0848, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0848. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, at (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. Section 129 of the Clean Air Act 

(CAA) requires EPA to establish 

performance standards and emissions 

guidelines for various types of new and 

existing solid waste incineration units. 

Section 129(b)(2) requires States to 

submit to EPA for approval state plans 

that implement and enforce the 

promulgated EG. Section 129(b)(3) 

requires EPA to promulgate a Federal 

Plan (FP) within two years from the date 

on which the EG, or revision, was 

promulgated. The FP is applicable to 

any affected facility if the state has 

failed to receive EPA approval of the 

state plan, or revision. The FP acts as an 

enforcement place holder until the state 

submits and receives EPA approval of 

its plan. State plan submittals must be 

consistent with the relevant emissions 

guidelines, in this instance 40 CFR part 

60, subpart Ce, and the requirements of 

40 CFR part 60, subpart B and part 62, 

subpart A. Section 129 of the CAA 

regulates a mixture of air pollutants 

including organics (dioxins/furans), 

carbon monoxide, metals (cadmium, 

lead, and mercury), acid gases 

(hydrogen chloride, sulfur dioxide, and 

nitrogen oxides) and particulate matter 

(which includes opacity). 

The initial West Virginia plan for 

HMIWI units was approved by EPA on 

June 13, 2000 (65 FR 37046). The plan 

approval is codified in 40 CFR part 62, 

subpart XX. On September 7, 2011, the 

West Virginia Department of 

Environmental Protection submitted to 

EPA a formal Section 111(d)/129 plan 

revision for HMIWI units. The 

submitted plan revision was in response 

to the October 6, 2009 amendments to 

Federal EG and NSPS requirements for 

HMIWI units, 40 CFR part 60, subparts 

Ce and Ec, respectively (74 FR 51367). 

This rulemaking action will supersede 

EPA’s August 3, 2009 (74 FR 38348) 

approval of West Virginia’s initial plan 

revision. While the state rule revised by 

this action, 45CSR18, contains 

requirements for various types of solid 

waste incineration units, the revision to 

the plan by West Virginia and EPA’s 

approval action relate only to HMIWI 

units. 

II. Summary of West Virginia’s HMIWI 

Plan Revision 

EPA has reviewed the West Virginia 

HMIWI plan revision submittal in the 

context of the requirements of 40 CFR 

part 60, subparts B and Ce, as amended, 

and part 62, subpart A. The submitted 

plan revision meets all the cited 

requirements and those as described in 


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