Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 33651 

air quality and element (4), interference 

with any other state’s required measures 

to protect visibility, in a separate action. 

EPA will also take action on the portion 

of Oregon’s SIP that addresses the 2006 

PM2.5 NAAQS and the 2008 8-hour 

ozone NAAQS in a separate action. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 8, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 27, 2011. 

Michelle L. Pirzadeh, 

Acting Regional Administrator Region 10. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 MM—Oregon 

■ 2. Section 52.1989 is added to read as 

follows: 

§ 52.1989 Interstate Transport for the 1997 

8-hour ozone NAAQS and 1997 PM2.5

NAAQS. 

(a) On June 23, 2010 and December 

23, 2010, the Oregon Department of 

Environmental Quality submitted a SIP 

revision, adopted by the Oregon 

Environmental Quality Commission on 

April 30, 2010, to meet the requirements 

of Clean Air Act section 110(a)(2)(D)(i). 

EPA approves the portion of this 

submittal relating to significant 

contribution to nonattainment of the 

NAAQS in any other state and 

interference with maintenance of the 

NAAQS by any other state. 

(b) [Reserved.] 

[FR Doc. 2011–14199 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2007–0406, FRL–9316–7] 

Approval and Promulgation of 

Implementation Plans; ID 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Idaho State Implementation Plan 

(SIP) that were submitted to EPA by the 

State of Idaho on April 16, 2007. This 

SIP submittal includes new and revised 

rules which provide the Idaho 

Department of Environmental Quality 

(IDEQ) the regulatory authority to 

address regional haze and to implement 

Best Available Retrofit Technology 

(BART) requirements. 

DATES: This action is effective on July 

11, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2007–0406. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be 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:// 

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33652 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 

1 ‘‘Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way through the 

same. Under this definition, EPA treats as 

reservations trust lands validly set aside for the use 

of a Tribe even if the trust lands have not been 

formally designated as a reservation. In Idaho, 

Indian country includes, but is not limited to, the 

Coeur d’Alene Reservation, the Reservation of the 

Kootenai Tribe, the Fort hall Indian Reservation, 

and the Nez Perce Reservation as described in the 

1863 Nez Perce Treaty. 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

EPA requests that 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: 

Steve Body at telephone number: (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. Public Comments on the Proposed Action 

III. Final Action 

IV. Limitations in Indian Country 

V. Statutory and Executive Order Reviews 

I. Background 

On January 5, 2011, EPA published in 

the Federal Register, a proposal to 

approve new and revised Idaho 

administrative rules: 

IDAPA58.01.01.006.04.a,b,c; 006.14.a 

through z; 006.16; 006.28; 006.42; 

006.63.d; 006.65; 006.67; 006.81; 006.91; 

006.92.b; 006.99; 006.101.b; 006.124; 

006.125; 007.02a.iv; 007.02.d; 651; 665; 

666; 667; and 668. These rules provide 

the Idaho Department of Environmental 

Quality (IDEQ) the regulatory authority 

to address regional haze and to 

implement Best Available Retrofit 

Technology (BART) requirements. See 

76 FR 508. Included in Idaho’s SIP 

revision submittal were several other 

visibility-related rule revisions which 

are not specifically related to regional 

haze or BART requirements. One 

revision related to open burning is not 

being addressed in this action because 

it was superseded by a subsequent SIP 

revision on May 28, 2008, which was 

approved in a separate rulemaking on 

August 1, 2008. Other revisions related 

to permitting are not being addressed in 

this action because they were 

superseded by subsequent SIP revisions 

on May 12, 2008, and June 8, 2009, 

which were approved in a separate 

rulemaking on November 26, 2010. 

The rule revisions were submitted in 

accordance with the requirements of 

section 110 and part D of the Clean Air 

Act. 

II. Public Comments on the Proposed 

Action 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published in 

the January 5, 2011, Federal Register 

(76 FR 508). EPA received no comments 

on this proposed action. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving as a SIP revision 

Idaho rules: 

IDAPA58.01.01.006.04.a,b,c; 006.14.a 

through z; 006.16; 006.28; 006.42; 

006.63.d; 006.65; 006.67; 006.81; 006.91; 

006.92.b; 006.99; 006.101.b; 006.124; 

006.125; 007.02a.iv; 007.02.d; 651; 665; 

666; 667; and 668, that provide the State 

of Idaho authority to impose the BART 

provisions of 40 CFR 51.308(e). These 

revisions are described in detail in 

EPA’s proposed action, published in the 

Federal Register on January 5, 2011, 

(76 FR 508). 

IV. Limitations in Indian Country 

Idaho has not demonstrated authority 

to implement and enforce IDAPA 

chapter 58 within ‘‘Indian Country’’ as 

defined in 18 U.S.C. 1151.1 Therefore, 

this SIP approval does not extend to 

‘‘Indian Country’’ in Idaho. See CAA 

sections 110(a)(2)(A) (SIP shall include 

enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). This is consistent with EPA’s 

previous approval of Idaho’s SIP 

revisions, in which EPA specifically 

disapproved the program for sources 

within Indian Reservations in Idaho 

because the State had not shown it had 

authority to regulate such sources. See 

40 CFR 52.683(b). It is also consistent 

with EPA’s approval of Idaho’s title V 

air operating permits program. 

See 61 FR 64622, 64623 (December 6, 

1996) (interim approval does not extend 

to Indian Country); 66 FR 50574, 50575 

(October 4, 2001) (full approval does not 

extend to Indian Country). 

V. 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 the 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 the EPA notes 

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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 33653 

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. The 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 8, 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, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Dated: May, 25, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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 N—Idaho 

■ 2. In § 52.670(c), the table in 

paragraph (c) is amended: 

■ a. By revising entries 006 and 007. 

■ b. By revising entry 651. 

■ c. By adding entries 665 through 668. 

§ 52.670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IDAHO REGULATIONS

State citation Title/subject State effective date EPA approval date Explanations 

Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho 

*******

006 ..................... General Definitions 3/30/07 4/11/06, 7/1/02, 4/5/00, 

3/20/97, 5/1/94.

6/9/11 [Insert page number 

where the document begins].

Except Section 006.55(b) (re: 

state air toxics in definition of 

‘‘modification’’). 

007 ..................... Definitions for the 

Purposes of Sections 200 through 

225 and 400 

through 461.

3/30/07, 4/11/06, 4/5/00, 6/30/ 

95, 5/1/95, 5/1/94.

6/9/11 [Insert page number 

where the document begins].

* * * * * * * 

651 ..................... General Rules ....... 3/30/07, 5/1/94 ........................... 6/9/11 [Insert page number 

where the document begins].

665 ..................... Regional Haze 

Rules.

3/30/07 ....................................... 6/9/11 [Insert page number 

where the document begins].

666 ..................... Reasonable 

Progress Goals.

3/30/07 ....................................... 6/9/11 [Insert page number 

where the document begins].

667 ..................... Long-Term Strategy for Regional 

Haze.

3/30/07 ....................................... 6/9/11 [Insert page number 

where the document begins].

668 ..................... BART Requirement 

for Regional 

Haze.

3/30/07 ....................................... 6/9/11 [Insert page number 

where the document begins].

* * * * * * * 

[FR Doc. 2011–14204 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 80 and 90 

[WT Docket No. 04–344; FCC 11–80] 

Maritime Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) denies a petition 

for reconsideration of the period in 

which inland VPCSA incumbents must 

vacate Channel 87B, and declines to 

extend this period generally to non-AIS 

operations because such an extension 

would undermine the primary goal of 

this proceeding. Further, the 

Commission determines that 

rechannelizing the VPC frequency band 

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