18990 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Proposed Rules 

‘‘maximum allowable emissions’’ since 

the term is no longer used to support 

existing regulations in Pennsylvania and 

the term is not used in the federal rules, 

set forth in 40 CFR 51.165, for 

nonattainment New Source Review 

SIPs. 

The amendments submitted by 

Pennsylvania for approval into the SIP 

were adopted by Pennsylvania on May 

18, 2011 and became effective on 

September 3, 2011. They include 

revisions to certain definitions at 25 Pa. 

Code 121.1, as well as to Chapter 127, 

Subchapter E (nonattainment NSR). The 

following regulations under Chapter 127 

are revised: Section 127.201 (General 

requirements), Section 127.201a 

(Measurements, abbreviations and 

acronyms), Section 127.202 (Effective 

date), Section 127.203 (Facilities subject 

to special permit requirements), Section 

127.203a (Applicability determination), 

Section 127.204 (Emissions subject to 

this subchapter), Section 127.206 (ERC 

general requirements), and Section 

127.210 (Offset ratios). 

III. Proposed Action 

EPA’s review of the revisions 

submitted by Pennsylvania for approval 

into the SIP finds them consistent with 

their federal counterparts. EPA is 

proposing to approve the Pennsylvania 

SIP revision to incorporate federal 

preconstruction permitting 

requirements for PM2.5 and PM2.5

precursors in nonattainment areas along 

with clarifying amendments, which was 

submitted on September 23, 2011. EPA 

is soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

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 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule 

pertaining to NSR requirements for 

PM2.5 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 19, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–7573 Filed 3–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0006; FRL– 

9653–5] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Construction Permit Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions which repeal and replace 

existing rules, and revisions to the 

applicable State Implementation Plan 

(SIP) for New Mexico submitted by the 

State of New Mexico on April 11, 2002, 

and April 25, 2005, which relate to 

construction permit fee requirement 

regulations. The repeal and replace and 

SIP revisions included in this action 

would address section 110(a)(2) Clean 

Air Act (the Act or CAA) requirements 

related to fees for reviewing and acting 

on specific air quality construction 

permit applications received by the New 

Mexico Environment Department 

(NMED or Department) and for 

implementing and enforcing the terms 

and conditions of the construction 

permit, excluding any court costs or 

other costs associated with an 

enforcement action. EPA has 

determined that these SIP revisions 

comply with the Clean Air Act and EPA 

regulations and are consistent with EPA 

policies. This action is being taken 

under section 110 of the Act. 

DATES: Comments must be received on 

or before April 30, 2012. 

ADDRESSES: Comments may be mailed to 

Ms. Ashley Mohr, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically of 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733, 

telephone (214) 665–7289; fax number 

(214) 665–6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Proposed Rules 18991 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: March 16, 2012. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2012–7562 Filed 3–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 12–64; WT Docket No. 11– 

110; FCC 12–25] 

Channel Spacing and Bandwidth 

Limitations for Certain Economic Area 

(EA)-Based 800 MHz Specialized 

Mobile Radio (SMR) Licensees 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

modify the Commission’s rules to allow 

Economic Area (EA)-based 800 MHz 

Specialized Mobile Radio (SMR) 

licensees to exceed a channel spacing 

and bandwidth limitation, subject to 

two conditions. The Commission 

proposes to allow licensees to exceed 

the channel spacing and bandwidth 

limitation in the 813.5–824/858.5–869 

MHz band in National Public Safety 

Planning Advisory Committee 

(NPSPAC) regions where 800 MHz 

public safety licensee reconfiguration is 

complete. In areas where 800 MHz 

public safety reconfiguration is 

incomplete, EA-based 800 MHz 

licensees would only be allowed to 

exceed the channel spacing and 

bandwidth limitation in the 813.5–821/ 

858.5–866 MHz band. Further, the 

Commission proposes to require any 

EA-based 800 MHz SMR licensee that 

intends to exceed the channel spacing 

and bandwidth limitation of its rules, 

which govern the above-listed MHz 

bands, to provide 30 days written notice 

to public safety licensees with base 

stations in the NPSPAC region and 

within 113 kilometers (70 miles) of the 

affected NPSPAC region. The 

Commission seeks comment on any 

additional steps that may need to be 

taken to protect 800 MHz public safety 

licensees against any possible increased 

interference. The proposed rule changes 

would allow geographic-based 800 MHz 

SMR licensees the flexibility to deploy 

new technologies and to better utilize 

their licensed spectrum, while also 

protecting 800 MHz public safety 

entities. 

DATES: Submit comments on or before 

April 13, 2012 and reply comments are 

due on or before April 23, 2012. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 12–64; WT 

Docket No. 11–110; FCC 12–25, by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Brian Regan, Mobility Division, 

Wireless Telecommunications Bureau, 

brian.regan@fcc.gov, (202) 418–2849. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (Notice) in WT 

Docket No. 12–64, WT Docket No. 11– 

110; FCC 12–25, adopted March 7, 2012, 

and released March 9, 2012. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street SW., 

Washington, DC 20554. The complete 

text may be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street 

SW., Room CY–B402, Washington, DC 

20554, (202) 488–5300, facsimile (202) 

488–5563, or via email at 

fcc@bcpiweb.com. The full text may also 

be downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

email to fcc504@fcc.gov or by calling the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document contains proposed 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

the Office of Management and Budget 

(OMB) to comment on the information 

collection requirements contained in 

this document, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Public and agency 

comments are due May 29, 2012. 

Comments should address: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimates; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and (e) ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

In addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we seek specific comment on 

how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

OMB Control Number: 3060–xxxx. 

Title: Section 90.209(b)(7)— 

Bandwidth limitations. 

Form No.: N/A. 

Type of Review: New collection. 

Respondents: Business or other forprofit. 

Number of Respondents and 

Responses: 27 respondents, 27 

responses. 

Estimated Time per Response: .50 up 

to 9 hours. 

Frequency of Response: On occasion, 

third party disclosure requirement. 

Obligation to Respond: Mandatory. 

Total Annual Burden: 232 hours. 

Total Annual Costs: $52,500.00. 

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