Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations 42055 

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; 

• 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); and 

• This notice does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: July 8, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–17901 Filed 7–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9435–6] 

Data Availability Concerning Transport 

Rule Allowance Allocations to Existing 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of data availability 

(NODA). 

SUMMARY: In the Transport Rule Federal 

Implementation Plans (FIPs), EPA 

finalized allowance allocations for 2012 

and thereafter to existing units subject 

to the Transport Rule FIP trading 

programs in Alabama, Arkansas, 

Florida, Georgia, Illinois, Indiana, Iowa, 

Kansas, Kentucky, Louisiana, Maryland, 

Michigan, Minnesota, Mississippi, 

Missouri, Nebraska, New Jersey, New 

York, North Carolina, Ohio, 

Pennsylvania, South Carolina, 

Tennessee, Texas, Virginia, West 

Virginia, and Wisconsin. As required in 

the Transport Rule, this NODA notifies 

the public of the availability of data on 

these allowance allocations for existing 

units. Through this NODA, EPA is also 

making available to the public the data 

upon which the allocations were based. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Brian Fisher, telephone 

(202) 343–9633, and e-mail 

fisher.brian@epa.gov, Michael Cohen, 

telephone (202) 343–9497 and e-mail 

cohen.michael@epa.gov, or Robert 

Miller, telephone (202) 343.9077, and 

e-mail miller.robertl@epa.gov. The 

mailing address for the aforementioned 

contacts is U.S. Environmental 

Protection Agency, CAMD (6204J), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

SUPPLEMENTARY INFORMATION: The 

detailed unit-by-unit data, calculations, 

and allowance allocation 

determinations are set forth in a 

technical support document in an Excel 

spreadsheet format titled ‘‘Unit Level 

Allocations Under the Transport Rule 

FIP’’ and available on EPA’s Web site at 

http://www.epa.gov/airtransport/ 

actions.html. 

EPA is not requesting responses to the 

data made available through this NODA, 

which makes available data on 

allowance allocations finalized in the 

Transport Rule. Providing an allocation 

to an existing unit does not constitute a 

determination that the unit is a covered 

unit, and not providing an existing-unit 

allocation to a unit does not constitute 

a determination that the unit is not a 

covered unit. See §§ 97.411(a)(1), 

97.511(a)(1), 97.611(a)(1), and 

97.711(a)(1) of the Transport Rule. 

Under the Transport Rule FIPs, EPA 

must record allowance allocations by 

certain deadlines. In particular, 

allowance allocations addressed by this 

NODA for existing units for 2012 must 

be recorded, within 90 days of the 

publication of the Transport Rule in the 

Federal Register, in the compliance 

accounts of existing units. See 

§§ 97.421(a), 97.521(a), 97.621(a), and 

97.721(a) of the Transport Rule. 

For 2013 and beyond, the 

Administrator must record, by certain 

specified deadlines, allowance 

allocations for existing units. See 

§§ 97.421(b) through (f), 97.521(b) 

through (f), 97.621(b) through (f), and 

97.721(b) through (f) of the Transport 

Rule. 

Under certain circumstances, the 

allowance allocations addressed in this 

NODA to existing units are subject to 

termination or correction, and the 

provisions establishing these allocations 

may be replaced by a SIP revision. See 

§§ 97.411(a)(2), 97.511(a)(2), 

97.611(a)(2), and 97.711(a)(2) 

(concerning termination of allocations 

of non-operating units) and 97.411(c), 

97.511(c), 97.611(c), and 97.711(c) 

(concerning incorrect allocations) of the 

Transport Rule and §§ 52.38(a)(3) 

through (5) and (b)(3) through (5) and 

52.39(d) through (i) of the Transport 

Rule (concerning SIP revisions). 

Dated: July 6, 2011. 

Jackie Krieger, 

Chief of Staff, Office of Atmospheric 

Programs. 

[FR Doc. 2011–17903 Filed 7–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9440–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On May 24, 2011, EPA 

published a Notice of Intent for Partial 

Deletion (76 FR 30081) and a direct final 

rule of Partial Deletion (76 FR 30027) for 

the remaining portions of Operable Unit 

9 (OU9), the Residential Populated 

Areas, of the California Gulch 

Superfund Site (Site), located in Lake 

County, Colorado, from the National 

Priorities List. The EPA is withdrawing 

the Final Rule of Partial Deletion due to 

adverse comments that were received 

during the public comment period. 

After consideration of the comments 

received, if appropriate, EPA will 

publish a Notice of Partial Deletion in 

the Federal Register based on the 

parallel Notice of Intent for Partial 

Deletion and place a copy of the final 

partial deletion package, including a 

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