Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28747 

* * * * * 

[FR Doc. 2013–11567 Filed 5–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0602; FRL–9813–5] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

State Implementation Plan 

Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: EPA is taking direct final 

action to approve a portion of a revision 

to the North Carolina State 

Implementation Plan (SIP) submitted on 

February 3, 2010, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR). This 

revision updates the North Carolina SIP 

to reflect EPA’s current national 

ambient air quality standards for ozone, 

lead, and particulate matter found in the 

Code of Federal Regulations. 

DATES: This direct final rule is effective 

July 15, 2013 without further notice, 

unless EPA receives adverse comment 

by June 17, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0602, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2007–0602, 

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. 

5. Hand Delivery or Courier: Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2007– 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic 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, 

is not placed on the Internet and 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 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 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Quality Modeling 

and Transportation 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. Ms. 

Sheckler’s telephone number is 404– 

562–9222. She can also be reached via 

electronic mail at 

Sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Sections 108 and 109 of the CAA 

govern the establishment, review, and 

revision, as appropriate, of the NAAQS 

to protect public health and welfare. 

The CAA requires periodic review of the 

air quality criteria—the science upon 

which the standards are based—and the 

standards themselves. EPA’s regulatory 

provisions that govern the NAAQS are 

found at 40 CFR 50—National Primary 

and Secondary Ambient Air Quality 

Standards. In this rulemaking, EPA is 

proposing to approve a portion of North 

Carolina’s February 3, 2010, submission 

amending the State’s NAAQS table for 

ozone, lead and particulate matter that 

are found at 15A NCAC 02D .0405, 

.0408, .0409, and .0410. The SIP 

submittal amending North Carolina’s 

rules to incorporate the NAAQS can be 

found in the Docket for this proposed 

rulemaking at www.regulations.gov and 

are summarized below. The remainder 

of North Carolina’s February 3, 2010, 

SIP revision is being considered in a 

separate rulemaking. 

II. Analysis of the State’s Submittal 

a. Ozone 

On March 27, 2008, EPA revised the 

primary and secondary NAAQS for the 

8-hour ozone to 75 parts per billion 

(ppb) to provide increased protection of 

public health and welfare, respectively. 

See 73 FR 16436. Accordingly, in a 

February 3, 2010, SIP submission, North 

Carolina updated state rule 15A NCAC 

02D .0405 ‘‘Ozone’’ to update the 

definition for ozone to be consistent 

with the 8-hour ozone NAAQS that 

were promulgated in 2008. EPA has 

reviewed this revision to North 

Carolina’s rule for ozone and has made 

the determination that this change is 

consistent with federal regulations; thus 


erowe on DSK2VPTVN1PROD with RULES
28748 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 

EPA is approving this change to North 

Carolina’s SIP. 

b. Lead 

On November 12, 2008, EPA revised 

the lead NAAQS from 1.5 micrograms 

per cubic meter (mg/m3) to 0.15 mg/m3

based on a rolling 3-month average for 

both the primary and secondary 

standards. See 73 FR 66964. 

Accordingly, in a February 3, 2010, SIP 

submission, North Carolina updated 

state rule 15A NCAC 02D .0408 ‘‘Lead’’ 

to update the definition for lead to be 

consistent with the NAAQS that were 

promulgated in 2008. EPA has reviewed 

this revision to North Carolina’s rule for 

lead and has made the determination 

that this change is consistent with 

federal regulations; thus, EPA is 

approving this change to North 

Carolina’s SIP. 

c. Particulate Matter 

On October 17, 2006, EPA retained 

the annual average NAAQS at 15 mg/m3

but revised the 24-hour NAAQS to 35 

mg/m3, based again on the 3-year average 

of the 98th percentile of 24-hour 

concentrations. Under EPA regulations 

at 40 CFR part 50, the primary and 

secondary 2006 24-hour PM2.5 NAAQS 

are attained when the annual arithmetic 

mean concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 35 

mg/m3 at all relevant monitoring sites in 

the subject area over a 3-year period. 

See 71 FR 61144. Accordingly, in a 

February 3, 2010, SIP submission, North 

Carolina updated state rule 15A NCAC 

02D .0410 ‘‘PM2.5 Particulate Matter’’ to 

update the definition for 24-hour PM2.5

NAAQS to be consistent with the 

NAAQS that were promulgated in 2006. 

EPA has reviewed this revision to North 

Carolina’s rule for the 24-hour PM2.5

NAAQS and has made the 

determination that this change is 

consistent with federal regulations; 

thus, EPA is approving this change to 

North Carolina’s SIP. 

Additionally, on October 17, 2006, 

EPA revoked the PM10 annual NAAQS 

of 50 mg/m3, while keeping in place the 

24-hour PM10 NAAQS of 150 mg/m3. See 

71 FR 61144. Accordingly, in a February 

3, 2010, SIP submission, North Carolina 

updated state rule 15A NCAC 02D .0409 

‘‘PM10 Particulate Matter’’ to update the 

definition for the PM10 NAAQS to be 

consistent with the NAAQS that were 

promulgated in 2006. EPA has reviewed 

this revision to North Carolina’s rule for 

the 24-hour PM10 NAAQS and has made 

the determination that this change is 

consistent with federal regulations; 

thus, EPA is approving this change to 

North Carolina’s SIP. 

III. Final Action 

EPA is approving the aforementioned 

changes to the State of North Carolina 

SIP, because it is consistent with EPA’s 

standards for ozone, lead and 

particulate matter. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective July 15, 2013 without further 

notice unless the Agency receives 

adverse comments by June 17, 2013. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on July 15, 2013 

and no further action will be taken on 

the proposed rule. 

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 

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’’ 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 15, 2013. 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 


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Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 28749 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s 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, Nitrogen 

dioxide, Ozone, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 1, 2013. 

A. Stanley Meiburg, 

Regional Administrator, Region 4. 

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 II—North Carolina 

■ 2. Section 52.1770 (c) is amended 

under Table 1, at Subchapter 2D Air 

Pollution Control Requirements, Section 

.0400 Ambient Air Quality Standards by 

revising the entries for ‘‘.0405,’’ ‘‘.0408,’’ 

‘‘.0409’’ and ‘‘.0410’’ to read as follows: 

§ 52.1770 Identification of plan . 

* * * * * 

(c)* * * 

EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

*******

Section .0400 Ambient Air Quality Standards 

*******

Section .0405 .......................... Ozone .................................... 1/1/2010 5/16/2013 [Insert citation of 

publication].

* * * * * * * 

Section .0408 .......................... Lead ....................................... 1/1/2010 5/16/2013 [Insert citation of 

publication].

Section .0409 .......................... Particulate Matter ................... 1/1/2010 5/16/2013 [Insert citation of 

publication].

Section .0410 .......................... PM2.5 Particulate Matter ........ 1/1/2010 5/16/2013 [Insert citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2013–11562 Filed 5–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WP Docket No. 07–100, FCC 13–52] 

Private Land Mobile Radio Stations 

Below 800 MHz 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) amends its rules 

regarding private land mobile radio 

(PLMR) licensing, including increasing 

the power limit for end-of-train devices, 

modifying trunking rules for PLMR 

stations below 800 MHz, and permitting 

digital transmission of station 

identification by PLMR station with 

exclusive use of their spectrum, as 

addressed in the Second Further Notice 

of Proposed Rulemaking and Order in 

this proceeding. This proceeding is part 

of our continuing effort to provide clear 

and concise rules that facilitate new 

wireless technologies, devices and 

services, and are easy for the public to 

understand. 

DATES: Effective June 17, 2013 except for 

amendments to §§ 90.187 and 90.425, 

which contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget (OMB). The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing the effective date. 

FOR FURTHER INFORMATION CONTACT: 

Rodney P. Conway, at 

Rodney.Conway@FCC.gov, Wireless 

Telecommunications Bureau, (202) 418– 

2904, or TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fifth 

Report and Order in WP Docket No. 07– 

100, FCC 13–52, adopted on April 16, 

2013, and released April 18, 2013. 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. 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). 

1. In the Second Report and Order, at 

75 FR 19277, April 14, 2010, in this 

proceeding, the Commission adopted 

various changes to the rules regarding 


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