75748 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Rules and Regulations 

4 5 U.S.C. 601 et seq. 

5 78 FR 4032 (Jan. 18, 2013). 

6 44 U.S.C. 3507(d); 5 CFR part 1320. 

7Public Law 104–121, 110 Stat. 857 (1996). 

8 5 U.S.C. 551. 

Accordingly, the Board is adopting 

the June 2014 proposed rule as final 

without change. 

III. Regulatory Procedures 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 4

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small entities (defined for 

purposes of the RFA to include credit 

unions with assets less than $50 

million).5 The amendments to parts 701 

and 722 will only reduce regulatory 

impacts on credit unions by exempting 

them from certain regulatory 

requirements. Accordingly, the Board 

certifies the final rule will not have a 

significant economic impact on a 

substantial number of small credit 

unions. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) applies to rulemakings in which 

an agency by rule creates a new 

paperwork burden on regulated entities 

or increases an existing burden.6 For 

purposes of the PRA, a paperwork 

burden may take the form of a reporting 

or recordkeeping requirement, both 

referred to as information collections. 

This final rule would not impose or 

expand upon any existing reporting or 

recordkeeping requirements. 

Accordingly, this final rule would not 

create new paperwork burdens or 

increase any existing paperwork 

burdens. 

C. Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. NCUA, an 

independent regulatory agency, as 

defined in 44 U.S.C. 3502(5), voluntarily 

complies with the executive order to 

adhere to fundamental federalism 

principles. The final rule would not 

have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

the distribution of power and 

responsibilities among the various 

levels of government. NCUA has, 

therefore, determined that this final rule 

does not constitute a policy that has 

federalism implications for purposes of 

the executive order. 

D. Assessment of Federal Regulations 

and Policies on Families 

NCUA has determined that this final 

rule will not affect family well-being 

within the meaning of § 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

E. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 7

(SBREFA) provides generally for 

congressional review of agency rules. A 

reporting requirement is triggered in 

instances where NCUA issues a final 

rule as defined by Section 551 of the 

Administrative Procedure Act.8 NCUA 

does not believe this final rule is a 

‘‘major rule’’ within the meaning of the 

relevant sections of SBREFA because it 

will only reduce regulatory burden on 

credit unions by exempting them from 

certain regulatory requirements. NCUA 

has submitted the rule to the Office of 

Management and Budget for its 

determination in that regard. 

List of Subjects 

12 CFR Part 701 

Advertising, Aged, Civil rights, Credit, 

Credit unions, Fair housing, Individuals 

with disabilities, Insurance, Marital 

status discrimination, Mortgages, 

Religious discrimination, Reporting and 

recordkeeping requirements, Sex 

discrimination. 

12 CFR Part 722 

Appraisals, Credit unions, Mortgages, 

Reporting and recordkeeping 

requirements. 

By the National Credit Union 

Administration Board on December 11, 2014. 

Gerard Poliquin, 

Secretary of the Board. 

For the reasons discussed above, the 

NCUA Board amends 12 CFR parts 701 

and 722 as follows: 

PART 701—ORGANIZATION AND 

OPERATION OF FEDERAL CREDIT 

UNIONS 

■ 1. The authority citation for part 701 

continues to read as follows: 

Authority: 12 U.S.C. 1752(5), 1755, 1756, 

1757, 1758, 1759, 1761a, 1761b, 1766, 1767, 

1782, 1784, 1786, 1787, 1789. Section 701.6 

is also authorized by 15 U.S.C. 3717. Section 

701.31 is also authorized by 15 U.S.C. 1601 

et seq.; 42 U.S.C. 1981 and 3601–3610. 

Section 701.35 is also authorized by 42 

U.S.C. 4311–4312. 

§ 701.31 [Amended] 

■ 2. Amend § 701.31 as follows: 

■ a. In paragraph (a)(1), remove the 

words ‘‘, which is as follows:’’ and 

remove the indented definition 

parenthetical ‘‘An oral or written 

request for an extension of credit that is 

made in accordance with procedures 

established by a creditor for the type of 

credit requested’’. 

■ b. In paragraph (c)(5) in the first 

sentence, remove the words ‘‘a copy of 

the appraisal used in connection with 

that member’s real estate-related loan 

application’’ and add in their place the 

words ‘‘a copy of the appraisal used in 

connection with that member’s 

application for a loan to be secured by 

a subordinate lien on a dwelling’’, and, 

in the second sentence, remove the 

words ‘‘real estate-related loan 

application’’ and add in their place the 

words ‘‘application for a loan to be 

secured by a subordinate lien on a 

dwelling’’. 

PART 722—APPRAISALS 

■ 3. The authority citation for part 722 

continues to read as follows: 

Authority: 12 U.S.C. 1766, 1789 and 3339. 

§ 722.3 [Amended] 

■ 4. Amend § 722.3 as follows: 

■ a. In paragraph (a)(5) introductory text 

add the word ‘‘lending’’ before the 

words ‘‘credit union’’; 

■ b. In paragraph (a)(5)(i) remove the 

word ‘‘and’’ and add in its place the 

word ‘‘or’’; and 

■ c. In paragraph (a)(5)(ii) add the words 

‘‘, even with the advancement of new 

monies’’ to the end of the paragraph. 

[FR Doc. 2014–29635 Filed 12–18–14; 8:45 am] 

BILLING CODE 7535–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2014–0267; FRL–9920–60– 

Region 4] 

Approval of Implementation Plans and 

Designation of Areas; Georgia; 

Redesignation of the Georgia Portion 

of the Chattanooga, 1997 PM2.5

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On September 14, 2012, the 

Georgia Department of Natural 

Resources, through the Georgia 

Environmental Protection Division (GA 


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1EPA designated the Chattanooga TN-GA-AL 

Area as nonattainment for the annual 1997 PM2.5

NAAQS on January 5, 2005 (70 FR 944) as 

supplemented on April 14, 2005 (70 FR 19844). 2On February 8, 2012, EPA approved, under 

section 172(c)(3) of the Clean Air Act (CAA or Act), 

Georgia’s 2002 base-year emissions inventory for 

the Chattanooga TN-GA-AL Area as part of the SIP 

revision submitted by GA EPD to provide for 

attainment of the 1997 PM2.5 NAAQS in the Area. 

See 77 FR 6467. 

EPD), submitted a request to redesignate 

the Georgia portion of Chattanooga, TNGA-AL fine particulate matter (PM2.5) 

nonattainment area (hereafter referred to 

as the ‘‘Chattanooga TN-GA-AL Area’’ or 

‘‘Area’’) to attainment for the 1997 

annual PM2.5 national ambient air 

quality standards (NAAQS) and to 

approve a state implementation plan 

(SIP) revision containing a maintenance 

plan for the Chattanooga TN-GA-AL 

Area. The Georgia portion of 

Chattanooga TN-GA-AL Area is 

comprised of two Counties: Catoosa and 

Walker Counties in Georgia. EPA is 

approving the redesignation request and 

the related SIP revision for the Georgia 

portion of Chattanooga TN-GA-AL Area, 

including GA EPD’s plan for 

maintaining attainment of the 1997 

Annual PM2.5 standard in the 

Chattanooga TN-GA-AL Area. EPA is 

also approving, into the Georgia SIP, the 

motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOx) and 

PM2.5 for the year 2025 for the Georgia 

portion of Chattanooga TN-GA-AL Area. 

On April 23, 2013, and November 13, 

2014, Alabama and Tennessee 

(respectively) submitted requests to 

redesignate the Alabama and Tennessee 

portions of the Chattanooga TN-GA-AL 

Area. EPA will be taking separate action 

on the requests from Alabama and 

Tennessee. 

DATES: This rule will be effective 

December 19, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0267. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 at 

the 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. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Joydeb Majumder, 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. Joydeb 

Majumder may be reached by phone at 

(404) 562–9121 or via electronic mail at 

majumder.joydeb@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the background for the 

actions? 

On September 14, 2012, the Georgia 

Department of Natural Resources, 

through GA EPD, submitted a request to 

EPA for redesignation of the Georgia 

portion of Chattanooga TN-GA-AL Area 

to attainment for the 1997 Annual PM2.5

NAAQS, and for approval of a Georgia 

SIP revision containing a maintenance 

plan for the Area.1 On November 12, 

2014, EPA proposed to redesignate the 

Georgia portion of Chattanooga TN-GAAL Area to attainment for the 1997 

Annual PM2.5 NAAQS, and to approve, 

as a revision to the Georgia SIP, the 

State’s 1997 Annual PM2.5 NAAQS 

maintenance plan, including the MVEBs 

for direct PM2.5 and NOx, for the Georgia 

portion of Chattanooga TN-GA-AL 

Area.2 See 79 FR 67120. EPA also 

proposed to determine that the 

Chattanooga TN-GA-AL Area is 

continuing to attain the 1997 Annual 

PM2.5 NAAQS and that attainment can 

be maintained through 2025. EPA 

received no adverse comments on the 

November 12, 2014, proposed 

rulemaking. EPA notes that it 

inadvertently referred to the Area as the 

‘‘Chattanooga, TN-GA Area’’ in the 

November 12, 2014, proposed 

rulemaking. In today’s final rulemaking, 

EPA is clarifying this Area should have 

been referred to as the ‘‘Chattanooga, 

TN-GA-AL Area’’ to account for a 

correction for the name of this Area that 

was published in the Federal Register 

on May 5, 2014, at 79 FR 25508. 

In its November 12, 2014, proposed 

action, EPA stated that the adequacy 

public comment period on the 2025 

NOX and PM2.5 MVEBs for the Georgia 

portion of the Area (as contained in 

Georgia’s September 14, 2012, 

submittal) began on March 4, 2013, and 

closed on April 3, 2013. No comments 

were received during this public 

comment period, and therefore, EPA 

deems the 2025 NOX and PM2.5 MVEBs 

adequate for the Georgia portion of the 

Area for the purposes of transportation 

conformity. 

As stated in EPA’s November 12, 

2014, proposal notice, the 3-year design 

value of 12.9 micrograms per cubic 

meter (mg/m3) for the Area for 2007– 

2009 meets the PM2.5 Annual NAAQS of 

15.0 mg/m3. EPA has reviewed the most 

recent ambient monitoring data, which 

confirms that the Area continues to 

attain the 1997 Annual PM2.5 NAAQS 

beyond the 3-year attainment period of 

2007–2009. 

II. What are the actions EPA is taking? 

In today’s rulemaking, EPA is also 

approving Georgia’s redesignation 

request to change the legal designation 

of Catoosa and Walker Counties in 

Georgia from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS, and as a revision to the Georgia 

SIP, the State’s 1997 Annual PM2.5

NAAQS maintenance plan and the 

MVEBs for direct PM2.5 and NOX for the 

Georgia portion of the Area included in 

that maintenance plan. The 

maintenance plan is designed to 

demonstrate that the Chattanooga TNGA-AL Area will continue to attain the 

1997 Annual PM2.5 NAAQS through 

2025. EPA’s approval of the 

redesignation request is based on EPA’s 

determination that the Georgia portion 

of Chattanooga TN-GA-AL Area meets 

the criteria for redesignation set forth in 

the CAA, including EPA’s 

determination that the Chattanooga TNGA-AL Area has attained and continues 

to attain the 1997 Annual PM2.5 NAAQS 

and that attainment can be maintained 

through 2025. EPA’s analyses of 

Georgia’s redesignation request and 

maintenance plan are described in 

detail in the November 12, 2014, 

proposed rule. See 79 67120. Through 

this final action, EPA is finding the 2025 

NOX and PM2.5 MVEBs adequate for the 

Georgia portion of the Area for 

transportation conformity purposes. 

EPA is now taking final action as 

described above. Additional background 

for today’s action is set forth in EPA’s 

November 12, 2014, proposal and is 

summarized below. 

EPA has reviewed the most recent 

ambient monitoring data for the Area, 

which indicate that the Chattanooga TNGA-AL Area continues to attain the 

1997 Annual PM2.5 NAAQS beyond the 

submitted 3-year attainment period of 

2007–2009. As stated in EPA’s 

November 12, 2014, proposal notice, the 

3-year design value of 12.9 mg/m3 for the 


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Area for 2007–2009 meets the NAAQS 

of 15.0 mg/m3. Quality assured and 

certified data in EPA’s Air Quality 

System (AQS) for 2013 provide a 3-year 

design value of 10.5 mg/m3 for the Area 

for 2011–2013. Furthermore, 

preliminary monitoring data for 2014 

indicate that the Area is continuing to 

attain the 1997 Annual PM2.5 NAAQS. 

The 2014 preliminary data are available 

in AQS although the data are not yet 

quality assured and certified. 

III. Why is EPA taking these actions? 

EPA has determined that the 

Chattanooga TN-GA-AL Area has 

attained the 1997 Annual PM2.5 NAAQS 

and has also determined that all other 

criteria for the redesignation of the 

Georgia portion of Chattanooga TN-GAAL Area from nonattainment to 

attainment of the 1997 Annual PM2.5

NAAQS have been met. See CAA 

section 107(d)(3)(E). One of those 

requirements is that the Georgia portion 

of Chattanooga TN-GA-AL Area has an 

approved plan demonstrating 

maintenance of the 1997 Annual PM2.5

NAAQS over the ten-year period 

following redesignation. EPA has 

determined that attainment can be 

maintained through 2025 and is taking 

final action to approve the maintenance 

plan for the Georgia portion of 

Chattanooga TN-GA-AL Area as meeting 

the requirements of sections 175A and 

107(d)(3)(E) of the CAA. The detailed 

rationale for EPA’s findings and actions 

is set forth in the November 12, 2014, 

proposed rulemaking. See 79 FR 67120. 

IV. What are the effects of these 

actions? 

Approval of the redesignation request 

changes the legal designation of Catoosa 

and Walker Counties from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. EPA is 

modifying the regulatory table in 40 

CFR 81.311 to reflect a designation of 

attainment for these counties. EPA is 

also approving, as a revision to the 

Georgia SIP, the State’s plan for 

maintaining the 1997 Annual PM2.5

NAAQS in the Chattanooga TN-GA-AL 

Area. The maintenance plan includes 

contingency measures to remedy 

possible future violations of the 1997 

Annual PM2.5 NAAQS and establishes 

2025 MVEBs for direct PM2.5 and NOX

for the Georgia portion of Chattanooga 

TN-GA-AL Area. Within 24 months of 

the effective date of EPA’s approval of 

the maintenance plan, the 

transportation partners will need to 

demonstrate conformity to the new 

PM2.5 and NOX MVEBs pursuant to 40 

CFR 93.104(e). 

V. Final Action 

EPA is taking final action to approve 

the redesignation and change the legal 

designation of Catoosa and Walker 

Counties in Georgia from nonattainment 

to attainment for the 1997 Annual PM2.5

NAAQS. Through this action, EPA is 

also approving into the Georgia SIP the 

1997 Annual PM2.5 maintenance plan 

for the Georgia portion of the 

Chattanooga TN-GA-AL Area, which 

includes the new 2025 PM2.5 and NOX

MVEBs of 44.2 tons per year (tpy) and 

1,386.5 tpy, respectively, for this Area. 

EPA’s approval of the redesignation 

request is based on the Agency’s 

determination that the Georgia portion 

of the Chattanooga TN-GA-AL Area 

meets the criteria for redesignation set 

forth in CAA, including EPA’s 

determination that the Chattanooga TNGA-AL Area has attained and continues 

to attain the 1997 Annual PM2.5 NAAQS 

and that attainment can be maintained 

through 2025. Finally, EPA is finding 

the 2025 PM2.5 and NOX MVEBs 

contained in Georgia’s September 14, 

2012, SIP revision adequate for the 

purposes of transportation conformity. 

Within 24 months from this final rule, 

the transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e). 

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

EPA finds that there is good cause for 

this action to become effective 

immediately upon publication. This is 

because a delayed effective date is 

unnecessary due to the nature of a 

redesignation to attainment, which 

relieves the Area from certain CAA 

requirements that would otherwise 

apply to it. 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 the State of 

various requirements for the Georgia 

portion of the Chattanooga TN-GA-AL 

Area. For these reasons, EPA finds good 

cause under 5 U.S.C. 553(d)(3) for this 

action to become effective on the date of 

publication of this action. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 these 

reasons, these actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Are 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 


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application of those requirements would 

be inconsistent with the CAA; and, 

• Do 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, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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 February 17, 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 section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks. 

Dated: December 9, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

Therefore, 40 CFR parts 52 and 81 are 

amended as follows: 

PART 52–APPROVAL AND 

PROMULGATION OF PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. In § 52.570, the table in paragraph 

(e) is amended by adding the entry 

‘‘1997 Annual PM2.5 Maintenance Plan 

for the Georgia portion of the 

Chattanooga TN-GA-AL Area’’ at the 

end of the table to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date/effective date 

EPA approval date Explanation 

*******

1997 Annual PM2.5 Maintenance Plan for the Georgia 

portion of the Chattanooga 

TN-GA-AL Area.

Catoosa and Walker Counties 9/14/12 12/19/14 [Insert Federal Register citation].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.311, the table entitled 

‘‘Georgia—1997 Annual PM2.5 NAAQS’’ 

is amended by revising the entry for 

‘‘Chattanooga, TN-GA-AL:’’ to read as 

follows: 

§ 81.311 Georgia. 

* * * * * 

GEORGIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and Secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Chattanooga, TN-GA-AL: .................... ........................................ ....................

Catoosa County ............................................................... 12/19/14 Attainment ....................

Walker County .................................................................. 12/19/14 Attainment ....................

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 2 This date is July 2, 2014, unless otherwise noted. 


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75752 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Rules and Regulations 

* * * * * 

[FR Doc. 2014–29702 Filed 12–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 168 

[EPA–HQ–OPP–2009–0607; FRL–9919–63] 

RIN 2070–AJ53 

Labeling of Pesticide Products and 

Devices for Export; Clarification of 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revising the 

regulations that pertain to the labeling 

of pesticide products and devices that 

are intended solely for export. Pesticide 

products and devices intended solely 

for export will be able to meet the 

Agency’s export labeling requirements 

by attaching a label to the immediate 

product container or by providing 

collateral labeling that is either attached 

to the immediate product being 

exported or that accompanies the 

shipping container of the product being 

exported at all times when it is shipped 

or held for shipment in the United 

States. Collateral labeling will ensure 

the availability of the required labeling 

information, while allowing pesticide 

products and devices that are intended 

solely for export to be labeled for use in, 

and consistent with the applicable 

requirements of the importing country. 

DATES: This final rule is effective 

February 17, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0607, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 305–6304; 

email address: boyle.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action affect me? 

You may be potentially affected by 

this action if you export a pesticide 

product, a pesticide device, or an active 

ingredient used in producing a 

pesticide. The following list of North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include, but are not limited to: Pesticide 

and other agricultural chemical 

manufacturing (NAICS code 325320), 

e.g., Pesticides manufacturing, 

Insecticides manufacturing, Herbicides 

manufacturing, Fungicides 

manufacturing, etc. 

B. What is the agency’s authority for 

taking this action? 

This action is issued under the 

authority of section 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), 7 U.S.C. 136w(a), to carry 

out the provisions of FIFRA section 

17(a), 7 U.S.C. 136o(a). 

C. What action is the agency taking? 

EPA is revising the regulations that 

pertain to the labeling of pesticide 

products and devices that are intended 

solely for export. Pesticide products and 

devices intended solely for export will 

be able to meet the Agency’s labeling 

requirements by attaching a label to the 

immediate product container or by 

providing collateral labeling that either 

is attached to the immediate product 

being exported or accompanies the 

shipping container of the product being 

exported at all times when it is shipped 

or held for shipment in the United 

States. Collateral labeling will ensure 

the availability of the required labeling 

information, while allowing pesticide 

products and devices that are intended 

solely for export to be labeled for use in 

and consistent with the applicable 

requirements of the importing country. 

D. What are the impacts of this action? 

There are no costs associated with 

this action, and the benefits provided 

are related to avoiding potential costs. 

Without these labeling provisions, 

registrants would be required to place 

export-related labeling on the 

immediate package of each individual 

pesticide product in a shipping 

container that is intended solely for 

export. According to stakeholders, the 

inability to use the labeling method 

allowed before the regulations were 

amended in 2013 could significantly 

increase their costs and create trade 

barriers. 

II. Background 

In the Federal Register of January 18, 

2013 (78 FR 4073) (FRL–9360–8), EPA 

published a final rule to revise its export 

label regulations, in 40 CFR part 168, 

subpart D, concerning the labeling of 

pesticide products and devices intended 

solely for export. The revisions were 

effective on March 19, 2013, with a 

compliance date of January 21, 2014. 

Industry stakeholders subsequently 

expressed concern to EPA that certain 

labeling provisions allowing the use of 

‘‘supplemental labeling’’ had been 

removed from this subpart, and that the 

inability of registrants to use the 

labeling method allowed in the previous 

regulations could create trade barriers 

and increase costs. EPA agreed and in 

the Federal Register of April 30, 2014 

(79 FR 24347) (FRL–9909–82), 

published a direct final rule to replace 

the provision that was inadvertently 

removed. Since EPA received written 

adverse comment on the direct final 

rule, EPA withdrew that direct final rule 

in the Federal Register of July 11, 2014 

(79 FR 39975) (FRL–9913–18) and in the 

same Federal Register issue published a 

proposed rule (79 FR 40040) (FRL– 

9913–19) seeking to make the same 

changes. 

In the proposed rule entitled 

‘‘Labeling of Pesticide Products and 

Devices for Export; Clarification of 

Requirements,’’ EPA proposed to restore 

the inadvertently eliminated provisions 

that allowed exporters to use such 

‘‘collateral labeling’’ attached to, or 

accompanying, the product shipping 

container of the export pesticide at all 

times when shipped or held for 

shipment in the United States. (As EPA 

explained in the direct final rule, the 

term ‘‘collateral labeling’’ is more 

appropriate than ‘‘supplemental 

labeling’’ to describe the materials other 

than labels that are acceptable for 

meeting these requirements.) 

Additionally, the document proposed to 

restructure 40 CFR part 168, subpart D, 

by moving the text in § 168.68 and some 

of the text in § 168.66 to new § 168.65. 

The public comment period closed on 

August 11, 2014. EPA received four 

comments. Three commenters stated 

their support for finalizing the proposal. 

Another commenter stated that 

‘‘transporting dangerous substances 

across any part of the U.S. without 


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