65346 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 

The hearing will be governed by rules 

of procedure promulgated by the 

Judicial Officer. The vice president, 

Supply Management may reject any 

findings of fact, in whole or in part, 

when they are clearly erroneous. 

(3) Questions of fact to be resolved by 

a hearing before the Judicial Officer will 

be based on the preponderance of the 

evidence. 

(4) After consideration of the 

circumstances and any information and 

argument submitted by the supplier, the 

vice president, Supply Management, 

with the concurrence of the General 

Counsel, will issue a written decision 

regarding whether the supplier is 

debarred, and, if so, for the period of 

debarment. The decision will be mailed 

to the supplier by Certified Mail, return 

receipt requested. A copy of the 

decision will be furnished to the Office 

of the Inspector General. The decision 

will be final and binding, unless the 

decision was procured by fraud or other 

criminal misconduct, or the decision 

was obtained in violation of the 

regulations contained in this part or an 

applicable public law enacted by 

Congress. 

Stanley F. Mires, 

Attorney, Federal Requirements. 

[FR Doc. 2014–26111 Filed 11–3–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0602; FRL–9918–74– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri, Controlling Emissions 

During Episodes of High Air Pollution 

Potential 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision submitted 

by the State of Missouri and received by 

EPA on December 17, 2013, pertaining 

to Missouri’s rule ‘‘Controlling 

Emissions During Episodes of High Air 

Pollution Potential.’’ This rule specifies 

conditions that establish air pollution 

alerts and emergency alert levels, and 

associated procedures and emission 

reduction objectives statewide. This 

action revises the SIP by amending an 

existing table in the rule, clarifying 

requirements of the rule related to 

emission reduction plans and other rule 

provisions, and makes administrative 

and format changes all consistent with 

Federal regulations. 

DATES: This direct final rule will be 

effective January 5, 2015, without 

further notice, unless EPA receives 

adverse comment by December 4, 2014. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0602, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0602. 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 through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. 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 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, 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 at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7147, or by email at 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve a revision to the Missouri SIP 

received by EPA on December 17, 2013, 

pertaining to Missouri rule 10 CSR 10– 

6.130, ‘‘Controlling Emissions During 

Episodes of High Air Pollution 

Potential.’’ This rule specifies 

conditions that establish air pollution 

alerts and emergency alert levels, and 

associated procedures and emission 

reduction objectives statewide. This 

action revises the SIP by amending an 

existing table in the rule, clarifying 

requirements of the rule related to 

emission reduction plans and other rule 

provisions, and makes administrative 

and format changes all consistent with 

Federal regulations. 

Specifically, in subsection (1)(A), the 

rule is being revised to clarify the 

applicability of the rule to all sources 

and premises through the entire state 

with air emissions that contribute to 

sulfur dioxide (SO2), carbon monoxide 

(CO), ozone (O3), nitrogen dioxide (NO2) 

or Particulate Matter—10 Micron (PM10) 

and 2.5 Micron (PM2.5). This 


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Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 65347 

clarification is consistent with federal 

regulations regarding prevention of air 

pollution emergency episodes found in 

40 CFR part 51, subpart H. 

In addition, specific terms in this rule 

that were previously defined in section 

(2) of this rule have now been removed 

and placed in Missouri rule 10 CSR 10– 

6.020, ‘‘Definitions and Common 

Reference Tables.’’ 

In section (3) of the rule, table A is 

being amended to remove the specific 

breakpoint values for each relevant 

pollutant but retains the Air Quality 

Index (AQI) range values and categories 

for each pollutant. Because the AQI 

breakpoint values are updated each time 

a National Ambient Air Quality 

Standard (NAAQS) is revised, removing 

these values from the table eliminates 

unnecessary updates to this table. The 

AQI breakpoint values are established 

when EPA takes final action to revise a 

NAAQS and are codified in 50 CFR part 

58, appendix G. Therefore there is no 

need for the rule to also contain these 

breakpoint values. This revision to the 

rule does not alter any provisions or 

applicability of the rule. 

The conditions that are listed for alert 

level categories are being moved from a 

narrative outline format into a table 

format in subsection (3)(B), table B, to 

provide more clarity regarding the 

specific applicable conditions. The 

requirement for an air stagnation 

advisory to be in effect in order to 

trigger an alert has been removed from 

all alert level categories thus, the 

conditions that are required to establish 

an alert are more easily triggered. 

The procedures established for 

addressing alert level conditions are 

being moved from a narrative outline 

into a table format in subsection (3)(C), 

table C, to provide clarity on applicable 

procedures. The alert level procedures 

associated with an orange alert which 

are currently listed in the rule have been 

removed. These orange alert procedures 

were inadvertently retained when the 

state revised their rule in 2002 to be 

consistent with revised Federal 

regulations by updating the formally 

called Pollution Standards Index (PSI) 

to the AQI standards and procedures as 

codified in 40 CFR part 58, appendix G. 

EPA took action to approve Missouri’s 

SIP revision on March 18, 2003 (68 FR 

12829). Establishing orange alert 

procedures are not a Federal 

requirement. This action amends the 

SIP to correct this error. This action 

does not alter the stringency of the rule. 

Additional clarity is being added to 

section (4) of the rule addressing 

reporting and recordkeeping 

requirements. The alert plan 

requirements that are outlined in 

section (3) of the rule are being moved 

to a table format, tables D, E, and F. 

These tables retain the same objectives 

as previously contained in the rule, only 

modified in format and moved to 

section (4) of the rule with the exception 

of one red alert procedure. The red alert 

procedure which previously outlined 

provisions for the director to request all 

entertainment functions and facilities be 

closed has been removed from the rule. 

This procedure is not a requirement of 

Federal regulations for red alert 

procedures, and therefore remains 

consistent with Federal requirements. 

This procedure remains applicable for 

maroon level procedures. 

II. Have the requirements for approval 

of a SIP revision been met? 

EPA is taking direct final action to 

approve Missouri’s request to amend the 

SIP. These modifications will not 

adversely affect air quality and will not 

relax the SIP. 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. On 

June 17, 2013, Missouri published the 

proposed revisions to the rules in the 

Missouri Register. After considering 

public comments, the Missouri Air 

Conservation Commission (MACC) 

adopted the rule actions on August 29, 

2013. Public comments were printed in 

the Missouri Register along with a reprint of the rule on November 1, 2013. 

The effective date was December 30, 

2013. 

The submission also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is taking direct final action to 

approve this SIP revision. We are 

publishing this rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve this SIP 

revision if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

• 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 


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65348 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 5, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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: October 21, 2014. 

Becky Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–6.130 as follows: 

§ 52.1320 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri 

*******

10–6.130 ...................................... Controlling Emissions During Episodes of High Air Pollution Potential.12/30/2013 11/4/14, [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–26080 Filed 11–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 4 

[PS Docket Nos. 13–75, 11–60; FCC 13– 

158] 

Improving 9–1–1 Reliability; Reliability 

and Continuity of Communications 

Networks, Including Broadband 

Technologies 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection associated with 

the Commission’s Report and Order, 

FCC 13–158, published at 79 FR 3123 

on January 17, 2014, and at 79 FR 7589 

on February 10, 2014. This document is 

consistent with the Report and Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing OMB 

approval and the effective date of 

requirements subject to OMB approval. 

Specifically, this document announces 

the effective date of rules requiring 

Covered 911 Service Providers to notify 


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