69374 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Rules and Regulations 

Note: The text of SAB 115 will not appear 

in the Code of Federal Regulations. 

* * * * * 

TOPIC 5: MISCELLANEOUS 

ACCOUNTING 

* * * * * 

J. Removed by SAB 115 

* * * * * 

[FR Doc. 2014–27618 Filed 11–20–14; 8:45 am] 

BILLING CODE 8011–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0100; FRL–9918–35- 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana—Air 

Quality, Subchapter 7, Exclusion for 

De Minimis Changes; Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

correct final rules pertaining to the State 

of Montana’s State Implementation Plan 

(SIP). On February 13, 2012, EPA took 

final action to partially approve and 

partially disapprove SIP revisions and 

new rules as submitted by the State of 

Montana on June 25, 2010 and May 28, 

2003. EPA subsequently discovered 

errors in our February 13, 2012 final 

action related to the materials 

incorporated by reference and the 

associated regulatory text that 

inadvertently reversed portions of our 

July 8, 2011 final action. EPA is taking 

final action, under section 110 of the 

Clean Air Act (CAA). 

DATES: This final rule is effective 

December 22, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0100. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information may not be publicly 

available, e.g., 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street Denver, Colorado 

80202–1129. EPA requests you contact 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jaslyn Dobrahner, Air Program, EPA, 

Region 8, Mail Code 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6252, 

dobrahner.jaslyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials ARM mean or refer to 

the Administrative Rules of Montana. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials SIP mean or refer to 

State Implementation Plan. 

(v) The words State or Montana mean 

the State of Montana, unless the context 

indicates otherwise. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

In our rule published on February 13, 

2012 (77 FR 7531), EPA took final action 

to partially approve and partially 

disapprove SIP revisions and new rules 

as submitted by the State of Montana on 

June 25, 2010 and May 28, 2003. On 

page 7534, third column, under the 

regulatory text in 40 CFR 

52.1370(c)(72)(i) Incorporation by 

reference, paragraph (A), EPA 

inadvertently incorporated by reference 

all of Administrative Rules of Montana 

(ARM), 17.8.740, Definitions. We are 

taking final action to amend the 

regulatory text in 40 CFR 

52.1370(c)(72)(i)(A) to specify that EPA 

only approved the phrase ‘‘, except 

when a permit is not required under 

ARM 17.8.745’’ in ARM 17.8.740(8)(a) 

and the phrase ‘‘, except as provided in 

ARM 17.8.745’’ in ARM 17.8.740(8)(c). 

Therefore, the regulatory text in 40 CFR 

52.1370(c)(72)(i)(A) reads as set forth in 

the regulatory text of this final rule. 

This correction is consistent with: (1) 

The preamble of our February 13, 2012 

final rule (77 FR 7531, 7534); and (2) the 

July 8, 2011 final rule (76 FR 40237) and 

associated regulatory text found in 40 

CFR 52.1370(c)(70)(i)(B)(2) where we 

disapproved the phrase in ARM 

17.8.740(2) ‘‘includes a reasonable 

period of time for startup and 

shakedown and’’ and the definitions in 

ARM 17.8.740(10) and (14), ‘‘Negligible 

risk to the public health, safety, and 

welfare and to the environment’’ and 

‘‘Routine Maintenance, repair, or 

replacement,’’ respectively. We also 

confirm that our approval of the phrase 

‘‘unless the increase meets the criteria 

in ARM 17.8.745 for a de minimis 

change not requiring a permit, or’’ in 

17.8.764(1)(b) of our July 8, 2011 final 

rule (76 FR 40237) is accurate, while the 

same phrase in the preamble of the July 

8, 2011 and February 13, 2012 final 

rules is incorrect. 

In this action, EPA is also taking final 

action to correct the associated IBR 

material for our February 13, 2012 (77 

FR 7531) rule by striking out the 

aforementioned phrases (ARM 

17.8.740(2), ARM 17.8.743(1)(c)) and 

two definitions (ARM 17.8.740(10), 

ARM 17.8.740(14)) that were 

inadvertently included in the IBR SIP 

material from the State’s May 28, 2003 

submittal. 

For more detailed information 

regarding these February 13, 2012 and 

July 8, 2011 actions, see 77 FR 7531 and 

76 FR 40237. 

II. Response to Comments 

We did not receive any comments on 

our August 5, 2014 proposal (79 FR 

45393) to correct final rules pertaining 

to the State of Montana’s SIP. 

III. Final Action 

EPA is taking final action to amend 

the text in 40 CFR 52.1370(c)(72)(i)(A) 

to read as follows: ‘‘Administrative 

Rules of Montana, 17.8.740, Definitions, 

ARM 17.8.740(8)(a), the phrase ‘, except 

when a permit is not required under 

ARM 17.8.745’ and ARM 17.8.740(8)(c), 

the phrase ‘, except as provided in ARM 

17.8.745’; 17.8.743, Montana Air 

Quality Permits—When Required, 

(except the phrase in 17.8.743(1)(b), 

‘asphalt concrete plants, mineral 

crushers, and’, and 17.8.743(1)(c)); and 

17.8.764, Administrative Amendment to 

Permit; effective 12/27/2002.’’ 

IV. Statutory and Executive Orders 

Review 

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, 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Rules and Regulations 69375 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves some 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. 

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 January 20, 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. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See CAA 

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. 

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

Dated: October 8, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR Part 52 as 

follows: 

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 BB—Montana 

■ 2. Section 52.1370 is amended by 

revising paragraph (c)(72)(i)(A) to read 

as follows: 

§ 52.1370 Identification of Plan. 

* * * * * 

(c) * * * 

(72)* * * 

(i) * * * 

(A) Administrative Rules of Montana, 

17.8.740, Definitions, ARM 

17.8.740(8)(a) only, the phrase ‘‘, except 

when a permit is not required under 

ARM 17.8.745’’ and ARM 17.8.740(8)(c) 

only, the phrase ‘‘, except as provided 

in ARM 17.8.745’’; 17.8.743, Montana 

Air Quality Permits—When Required, 

(except the phrase in 17.8.743(1)(b), 

‘‘asphalt concrete plants, mineral 

crushers, and’’, and 17.8.743(1)(c) in its 

entirety); and 17.8.764, Administrative 

Amendment to Permit; effective 12/27/ 

2002. 

* * * * * 

[FR Doc. 2014–27505 Filed 11–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 14–1611] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division amends 

the FM Table of Allotments to remove 

certain vacant FM allotments that were 

auctioned in FM Auction 94 that are 

currently considered authorized 

stations. We are also removing certain 

vacant allotments that were auctioned 

in FM Auction 79, FM Auction 91 and 

FM Auction 93 that are currently 

considered authorized stations. FM 

assignments for authorized stations and 

reserved facilities will be reflected 

solely in Media Bureau’s Consolidated 

Database System (CDBS). 

DATES: Effective November 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Report and Order, DA 

14–1611, adopted November 5, 2014, 

and released November 6, 2014. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the Commission’s 

Reference Center 445 12th Street SW., 

Washington, DC 20554. The complete 

text of this document may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street SW., 

Room CY–B402, Washington, DC, 

20054, telephone 1–800–378–3160 or 

www.BCPIWEB.com. The Commission 

will not send a copy of this Report and 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the adopted rules are rules of 

particular applicability. This document 

does not contain information collection 

requirements subject to the Paperwork 


rljohnson on DSK3VPTVN1PROD with RULES