56168 Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations 

containing this rule 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 November 12, 

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 

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 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, Reporting 

and recordkeeping requirements. 

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

Dated: August 26, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 G—Colorado 

■ 2. Section 52.349 is amended by 

adding paragraph (q) to read as follows: 

§ 52.349 Control strategy: Carbon 

monoxide. 

* * * * * 

(q) Revisions to the Colorado State 

Implementation Plan, revised Carbon 

Monoxide Maintenance Plan for Fort 

Collins, as adopted by the Colorado Air 

Quality Control Commission on 

December 16, 2010 and submitted by 

the Governor’s designee on May 25, 

2011. 

[FR Doc. 2013–21987 Filed 9–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0386; FRL–9900–71- 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; West Virginia’s Redesignation 

for the Parkersburg-Marietta, WV-OH 

1997 Annual Fine Particulate Matter 

Nonattainment Area to Attainment and 

Approval of the Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) 

requested that the West Virginia portion 

of the Parkersburg-Marietta, WV-OH 

fine particulate matter (PM2.5) 

nonattainment area (‘‘ParkersburgMarietta Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS). In this 

rulemaking action, EPA is approving the 

1997 annual PM2.5 redesignation request 

for the West Virginia portion of the 

Area. EPA is also approving the 

maintenance plan SIP revision that the 

State submitted in conjunction with its 

redesignation request. The maintenance 

plan provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for 10 

years after redesignation of the West 

Virginia portion of the Area. The 

maintenance plan includes an 

insignificance determination for the 

onroad motor vehicle contribution of 

PM2.5, nitrogen oxides (NOX), and sulfur 

dioxide (SO2) for the West Virginia 

portion of the Area for purposes of 

transportation conformity. EPA is also 

approving West Virginia’s insignificance 

determination for transportation 

conformity. In addition, EPA is also 

finding that the Area continues to attain 

the standard. This rulemaking action 

approving the 1997 annual PM2.5

NAAQS redesignation request, 

maintenance plan, and insignificance 

determination for transportation 

conformity for the West Virginia portion 

of the Area is based on EPA’s 

determination that the Area has met the 

criteria for redesignation to attainment 

specified in the Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 12, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0386. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Parkersburg-Marietta Area is 

composed of Wood County and a 

portion of Pleasants County in West 

Virginia (West Virginia portion of the 

Area) and Washington County in Ohio. 

On December 11, 2012 (77 FR 73560), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. Pursuant to sections 

107(d)(3)(E) and 175A of the CAA, EPA 

proposed approval of West Virginia’s 

redesignation request, a SIP revision 

that establishes a maintenance plan for 

the West Virginia portion of the Area 

that provides for continued attainment 

of the 1997 annual PM2.5 NAAQS for at 

least 10 years after redesignation, and 

the insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area. The formal 

SIP revision was submitted by WVDEP 

on March 5, 2012. In a separate action, 

EPA approved the base year emissions 

inventory on December 12, 2012 (77 FR 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations 56169 

73924) meeting the requirements of 

section 172(c)(3) of the CAA. 

On July 8, 2013 (78 FR 40655), EPA 

published a supplemental NPR that 

revised and expanded the basis for 

proposing approval of West Virginia’s 

request in light of developments since 

EPA issued its initial proposal on 

December 11, 2012. Principally, the 

supplemental NPR addressed the effects 

of the United States Court of Appeals for 

the District of Columbia’s January 4, 

2013 decision to remand to EPA two 

final rules implementing the PM2.5

NAAQS. 

Other specific details of West 

Virginia’s redesignation request, the 

associated maintenance plan SIP 

revision and insignificance 

determination, and the rationales for 

EPA’s proposed actions are explained in 

both the NPR and the supplemental 

NPR and will not be restated here. No 

public comments were received on 

either of the NPRs. 

II. Final Action 

EPA is approving the redesignation 

request, maintenance plan, and 

insignificance determination for 

transportation conformity for the West 

Virginia portion of the Area that was 

submitted by WVDEP on March 5, 2012 

because the requirements for approval 

have been satisfied. EPA has evaluated 

West Virginia’s redesignation request, 

and determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. Approval of 

this redesignation request will change 

the designation of the West Virginia 

portion of the Area from nonattainment 

to attainment for the 1997 annual PM2.5

NAAQS. EPA is also approving the 

associated maintenance plan for the 

West Virginia portion of the Area, 

submitted on March 5, 2012, as a 

revision to the West Virginia SIP, 

because it meets the requirements of 

section 175A of the CAA. In addition, 

EPA is also approving the transportation 

conformity insignificance determination 

submitted by West Virginia for this Area 

in conjunction with its redesignation 

request. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. A delayed effective 

date is unnecessary due to the nature of 

a redesignation to attainment, which 

eliminates CAA obligations that would 

otherwise apply. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves West 

Virginia of the obligation to comply 

with nonattainment-related planning 

requirements for this PM2.5 Area 

pursuant to Part D of the CAA. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d) for this action to become 

effective on the date of publication of 

this notice. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 November 12, 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. 

This action approving the 

redesignation request, maintenance 

plan, and transportation conformity 

insignificance determination for the 


tkelley on DSK3SPTVN1PROD with RULES
56170 Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations 

West Virginia portion of the Area may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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

Dated: August 22, 2013. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR parts 52 and 81 are amended 

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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry for 

the 1997 Annual PM2.5 Maintenance 

Plan for Parkersburg-Marietta, WV-OH 

Area at the end of the table to read as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

1997 Annual PM2.5 Maintenance 

Plan for Parkersburg-Marietta 

WV-OH Area.

Wood County and a portion of 

Pleasants County.

3/5/12 9/12/13 [Insert page number 

where the document begins].

See § 52.2526(h). 

■ 3. Section 52.2526 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2526 Control strategy: Particular 

matter. 

* * * * * 

(h) EPA approves the maintenance 

plan for the West Virginia portion of the 

Parkersburg-Marietta, WV-OH 1997 

PM2.5 Nonattainment Area (Wood 

County and a portion of Pleasants 

County). The maintenance plan 

establishes a determination of 

insignificance for PM2.5, NOX and SO2

for transportation conformity purposes. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for Part 81 

continues to read as follows: 

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

■ 5. In § 81.349 the table for West 

Virginia—PM2.5 (Annual NAAQS) is 

amended by revising the entry for the 

Parkersburg-Marietta, WV-OH Area to 

read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Parkersburg-Marietta, WV-OH: 

Pleasants County (part)Tax District of Grant ............................... 9/12/13 Attainment. 

Wood County ................................................................................ 9/12/13 Attainment. 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2013–21792 Filed 9–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 02–199; RM–10514; FCC 

13–114] 

Radio Broadcasting Services; 

Magnolia, Arkansas; and Oil City, 

Louisiana 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of application 

for review. 

SUMMARY: In this document, the Federal 

Communications Commission 

(‘‘Commission’’) denies an Application 

for Review filed by Access.1 Louisiana 

Holding Company, LLC (‘‘Access.1’’) of 

a Memorandum Opinion and Order of 

the Media Bureau (‘‘Bureau’’) in this 

proceeding, which denied Access.1’s 

Petition for Reconsideration of an earlier 

Bureau action, granting the reallotment, 


tkelley on DSK3SPTVN1PROD with RULES