71450 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

ethical and conflicts of interest 

questions and acts as the Commission’s 

liaison on such matters with the Office 

of Administrative and Personnel 

Management, the Office of the Inspector 

General and the Department of Justice.’’; 

■ b. In paragraph (b), remove the phrase 

‘‘Subject to the oversight of the General 

Counsel or his or her delegate, the’’ and 

add in its place the word ‘‘The’’; 

Subpart M—Regulation Concerning 

Conduct of Members and Employees 

and Former Members and Employees 

of the Commission 

■ 4. The authority citation for Part 200, 

Subpart M, continues to read as follows: 

Authority: 15 U.S.C. 77s, 77sss, 78w, 80a– 

37, 80b–11; E.O. 11222, 3 CFR, 1964–1965 

Comp., p. 36; 5 CFR 735.104 and 5 CFR 2634; 

and 5 CFR 2635, unless otherwise noted. 

■ 5. In § 200.735–11, remove the words 

‘‘Commission’s Office of the General 

Counsel’s’’ in paragraphs (c), (d) and (e); 

■ 6. In § 200.735–15: 

■ (a) In paragraphs (a), (b), (c), and (d), 

remove the words ‘‘General Counsel’’ 

wherever they appear and add in their 

place the words ‘‘Ethics Counsel’’; 

■ (b) In paragraphs (b), (e), and (f), 

remove the phrase ‘‘Commission’s 

Office of the General Counsel’s’’. 

■ 7. In § 200.735–17, remove the phrase 

‘‘Under the general direction of the 

General Counsel, the’’, and add in its 

place the word ‘‘The’’. 

Dated: November 14, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–29802 Filed 11–17–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9552] 

RIN 1545–BJ24 

Deduction for Qualified Film and 

Television Production Costs; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final and 

temporary regulations. 

SUMMARY: This document contains a 

correction to final and temporary 

regulations (TD 9552) that were 

published in the Federal Register on 

Wednesday, October 19, 2011 (76 FR 

64816) relating to deductions for the 

cost of producing film and television 

productions. 

DATES: This correction is effective on 

November 18, 2011, and is applicable 

on October 19, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Bernard P. Harvey, (202) 622–4930 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of this correction are 

under Section 181 of the Internal 

Revenue Code. 

Need for Correction 

As published, final and temporary 

regulations (TD 9552) contain an error 

that may prove to be misleading and is 

in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final and temporary regulations (TD 

9552) which were the subject of FR Doc. 

2011–26973 published in the Federal 

Register on Wednesday, October 19, 

2011 is corrected as follows: 

§ 1.181–1 [Corrected] 

On page 64817, column 2, under the 

amendatory instruction, the language 

‘‘Par. 2. Section 1.181–1 is amended by 

revising paragraphs (a)(1)(ii), (a)(6) and 

(b)(1)(ii) and (b)(2)(vi) to read as 

follows:’’ is removed and is replaced 

with the new language ‘‘Par. 2. Section 

1.181–1 is amended by revising 

paragraphs (a)(1)(ii), (a)(6), (b)(1)(ii), 

(b)(2)(vi), and (c)(2) to read as follows:’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, Procedure and Administration. 

[FR Doc. 2011–29922 Filed 11–17–11; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0474; FRL–9494–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Clean Data 

for the 2006 Fine Particulate Standard 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination regarding the Charleston, 

West Virginia nonattainment area 

(hereafter referred to as the ‘‘Charleston 

Area’’ or the ‘‘Area’’) for the 24-hour 

2006 fine particulate matter (PM2.5) 

national ambient air quality standard 

(NAAQS). EPA is determining that the 

Charleston Area has clean data for the 

24-hour 2006 PM2.5 NAAQS. This 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data showing that this 

area has monitored attainment of the 

24-hour 2006 PM2.5 NAAQS based on 

the 2007–2009 data and data available 

to date for 2010 in EPA’s Air Quality 

System (AQS) database. EPA’s 

determination releases the Charleston 

Area from the requirements to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard for so long as the Area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on December 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0474. 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 Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the Charleston Area has clean data 

for the 24-hour 2006 PM2.5 NAAQS. 

This determination is based upon 

complete, quality assured, and certified 

ambient air monitoring data showing 

that this area has monitored attainment 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71451 

of the 2006 PM2.5 NAAQS based on the 

2007–2009 data and data available to 

date for 2010 in EPA’s AQS database. 

On August 19, 2011 (76 FR 51927), 

EPA proposed its determination of clean 

data for the Charleston Area. A 

discussion of the rationale behind this 

determination and the effect of the 

determination were included in the 

notice of proposed rulemaking. EPA 

received no comments on this notice of 

proposed rulemaking. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (See 40 CFR 

section 51.1004(c)), the requirements for 

the Charleston Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (including reasonably 

available control technology), a 

reasonable further progress plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 PM2.5 NAAQS are suspended 

for so long as the area continues to meet 

the 24-hour 2006 PM2.5 NAAQS. If EPA 

subsequently determines that this area 

violates the 24-hour 2006 PM2.5

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and this area would thereafter have to 

address the pertinent requirements. 

This action, does not constitute a 

redesignation of the Charleston Area to 

attainment of the 24-hour 2006 PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, this 

action does not involve approving 

maintenance plans for the Area as 

required under section 175A of the 

CAA, nor does it find that the Area has 

met all other requirements for 

redesignation. Even after a 

determination of attainment by EPA, the 

designation status of the Charleston 

Area is nonattainment for the 24-hour 

2006 PM2.5 NAAQS until such time as 

EPA determines that the Area meets the 

CAA requirements for redesignation to 

attainment and takes action to 

redesignate the Charleston Area. 

III. 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 January 17, 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 clean data determination for the 

24-hour 2006 PM2.5 NAAQS for the 

Charleston Area 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: November 4, 2011. 

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 XX—West Virginia 

■ 2. In § 52.2526, paragraph (f) is added 

to read as follows: 

§ 52.2526 Control strategy: particulate 

matter. 

* * * * * 

(f) Determination of Attainment. EPA 

has determined, as of November 18, 

2011, that based on 2007 to 2009 

ambient air quality data, the Charleston 

nonattainment area has attained the 

24-hour 2006 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 


emcdonald on DSK5VPTVN1PROD with RULES
71452 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

[FR Doc. 2011–29767 Filed 11–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2009–1010–201158; FRL– 

9493–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; North Carolina: 

Redesignation of the HickoryMorganton-Lenoir 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: EPA is taking final action to 

approve a request submitted on 

December 18, 2009, and supplemented 

on December 22, 2010, from the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (DAQ), to 

redesignate the Hickory-MorgantonLenoir fine particulate matter (PM2.5) 

nonattainment area (hereafter the 

‘‘Hickory Area’’ or ‘‘Area’’) to 

attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Hickory Area is 

comprised of Catawba County in its 

entirety. EPA’s approval of the 

redesignation request is based on the 

determination that the State of North 

Carolina has met the criteria for 

redesignation to attainment set forth in 

the Clean Air Act (CAA or Act), 

including the determination that the 

Hickory Area has attained the 1997 

Annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

Additionally, EPA is approving a 

revision to the North Carolina State 

Implementation Plan (SIP) to include 

the 1997 Annual PM2.5 maintenance 

plan for the Hickory Area that contains 

the new motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) for 

the years 2011 and 2021 for Catawba 

County and the mobile insignificance 

determination for direct PM2.5 for the 

Hickory Area. This action also approves 

the emissions inventory submitted with 

the maintenance plan. Further, EPA is 

correcting a typographical error for the 

citation associated with a previous 

adequacy determination the Agency 

made for the NOX MVEBs for Catawba 

County and the mobile source 

insignificance determination for direct 

PM2.5 for the Hickory Area. 

DATES: Effective Date: This rule will be 

effective December 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–1010. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Dominy or Joel Huey, 

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. Madolyn 

Dominy may be reached by phone at 

(404) 562–9644 or via electronic mail at 

dominy.madolyn@epa.gov. Joel Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for the actions? 

II. What are the actions EPA is taking? 

III. Why is EPA taking these actions? 

IV. What are the effects of these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On December 18, 2009, and 

supplemented on December 22, 2010, 

the State of North Carolina, through NC 

DENR, submitted a request to 

redesignate the Hickory Area to 

attainment for the 1997 Annual PM2.5

NAAQS, and for EPA approval of the 

North Carolina SIP revisions containing 

a maintenance plan for the Area. In an 

action published on September 20, 2011 

(76 FR 58210), EPA proposed approval 

of North Carolina’s plan for maintaining 

the 1997 Annual PM2.5 NAAQS, 

including the emissions inventory 

submitted pursuant to CAA section 

172(c)(3) and the NOX MVEBs for 

Catawba County and the mobile 

insignificance determination for direct 

PM2.5 for the Hickory Area as contained 

in the maintenance plan. At that time, 

EPA also proposed to approve the 

redesignation of the Hickory Area to 

attainment. Additional background for 

today’s action is set forth in EPA’s 

September 20, 2011, proposal. 

The MVEBs, specified in kilograms 

per year (kg/yr), included in the 

maintenance plan are as follows: 

TABLE 1—CATWABA COUNTY MVEBS

[kg/yr] 

Conformity 

MVEB 2011 2021 

NOX .................. 3,996,601 2,236,028 

In its September 20, 2011, proposed 

action, EPA noted that the adequacy 

public comment period on these MVEBs 

(as contained in North Carolina’s 

submittal) began on November 23, 2010, 

and closed on December 23, 2010. No 

comments were received during the 

public comment period. Thus, EPA 

deemed the new MVEBs for Catawba 

County and the mobile source 

insignificance determination for PM2.5

in the Hickory Area adequate for the 

purposes of transportation conformity 

on May 2, 2011 (76 FR 24475). 

As stated in the September 20, 2011, 

proposal, this redesignation addresses 

the Hickory Area’s status solely with 

respect to the 1997 Annual PM2.5

NAAQS, for which designations were 

finalized on January 5, 2005 (70 FR 

944), and as supplemented on April 14, 

2005 (70 FR 19844). 

EPA reviewed PM2.5 monitoring data 

from ambient PM2.5 monitoring stations 

in the Hickory Area for the PM2.5

seasons from 2007–2009. These data 

have been quality-assured and are 

recorded in Air Quality System (AQS). 

The annual arithmetic mean PM2.5

concentrations for 2006–2009 and the 

3-year averages of these values (i.e., 

design values) are summarized in Table 

2. EPA has reviewed more recent data 

which indicate that the Hickory Area 


emcdonald on DSK5VPTVN1PROD with RULES