Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61513 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 27, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24523 Filed 10–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 400 

[Docket No. FAA–2012–0318; Notice No. 

400–4] 

RIN 2120–AK16 

Voluntary Licensing of Amateur 

Rocket Operations; Correction; Delay 

of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; correction; 

delay of effective date. 

SUMMARY: This action delays the 

effective date for a direct final rule that 

was published on August 22, 2012. In 

that rule, the FAA amends the scope of 

its regulations to allow launch operators 

that conduct certain amateur rocket 

launches an opportunity to voluntarily 

apply for a commercial space 

transportation license or experimental 

permit. The FAA has received several 

adverse comments to this rule, and 

delays the effective date to allow time 

for adequate analysis and a final 

determination. This document also 

corrects the regulatory identification 

number on the original publication. 

DATES: The effective date for the direct 

final rule published on August 22, 2012, 

was scheduled to be October 9, 2012, 

and is delayed until November 8, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Shirley 

McBride, Senior Transportation 

Industry Analyst, Regulations and 

Analysis Division, AST–300, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7470; facsimile (202) 267–5463; 

email Shirley.McBride@faa.gov. For 

legal questions, contact Laura 

Montgomery, Senior Attorney for 

Commercial Space Transportation, 

Office of the Chief Counsel, Regulations 

Division, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, email 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 22, 2012, the FAA 

published the direct final rule entitled, 

‘‘Voluntary Licensing of Amateur 

Rocket Operations’’ (77 FR 50584). In 

this rule, the FAA is amending the 

scope of its regulations to allow launch 

operators that conduct certain amateur 

rocket launches an opportunity to 

voluntarily apply for a commercial 

space transportation license or 

experimental permit. This rule received 

4 adverse comments prior to comment 

period closing on September 21, 2012. 

The rule contained the effective date of 

October 9, 2012. 

Correction 

The original publication contained an 

incorrect regulatory identification 

number (RIN). This document contains 

the correct RIN 2120–AK16. 

Reason for Delay of Effective Date 

A direct final rule is based on the 

Administrative Procedure Act’s good 

cause exception to prior notice and 

comment procedures, 5 U.S.C. 553. This 

exception is used where we have found 

that prior public comment procedure 

may be unnecessary because adverse 

comments are not expected. In 

determining whether an adverse 

comment is significant enough to end a 

rulemaking, we consider whether the 

comment would warrant a substantive 

response in a notice of proposed 

rulemaking (NPRM). 

The effective date of a direct final rule 

is normally a minimum of 30 calendar 

days after the end of the comment 

period. This rule published with an 

effective date of 15 calendar days after 

the end of the comment period to 

accommodate NASA’s deadline in 

funding licensed launches. However, we 

received 4 substantive comments that 

require further analysis and 

determination. The FAA needs 

additional time to address the 

comments received and decide on the 

appropriate action. 

Conclusion 

Accordingly, the effective date for 

Notice No. 400–4 is delayed until 

November 8, 2012. 

Issued in Washington, DC, October 4, 2012. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2012–25021 Filed 10–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1101 

Information Disclosure Under Section 

6(b) of the Consumer Product Safety 

Act 

CFR Correction 

■ In Title 16 of the Code of Federal 

Regulations, Part 1000 to End, revised as 

of January 1, 2012, on page 147, in 

§ 1101.25 (a) and (b), the words ‘‘5 

working’’ are corrected to read ‘‘5’’. 

[FR Doc. 2012–25016 Filed 10–9–12; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0140; FRL–9735–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; The 2002 Base Year 

Emissions Inventory for the 

Washington DC–MD–VA 

Nonattainment Area for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the 

Maryland State Implementation Plan 

(SIP) revision submitted by the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

on April 3, 2008. The emissions 

inventory is part of the April 3, 2008 SIP 

revision that was submitted to meet 

nonattainment requirements related to 

Maryland’s portion of the Washington 

DC–MD–VA nonattainment area 

(hereafter referred to as Maryland Area 

or Area) for the 1997 PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

SIP. EPA is approving the 2002 base 

year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 9, 2012. 


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61514 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0140. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 20, 2012 (77 FR 42686), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of the 2002 base year emissions 

inventory portion of the Maryland SIP 

revision. The formal SIP revision (#08– 

06) was submitted by the State of 

Maryland on April 3, 2008. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by MDE on April 3, 

2008 includes emissions estimates that 

cover the general source categories of 

point sources, non-road mobile sources, 

area sources, on-road mobile sources, 

and biogenic sources. The pollutants 

that comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). EPA has reviewed 

the results, procedures and 

methodologies for the base year 

emissions inventory submitted by MDE. 

The year 2002 was selected by MDE as 

the base year for the emissions 

inventory per 40 CFR 51.1008(b). A 

discussion of the emissions inventory 

development as well as the emissions 

inventory can be found in Appendix B 

of the April 3, 2008 SIP submittal and 

in the NPR. Specific requirements of the 

base year inventory and the rationale for 

EPA’s action are explained in the NPR 

and will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the 2002 base year 

PM2.5 emissions inventory as a revision 

to the Maryland SIP. 

IV. 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 December 10, 2012. 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 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the 

Maryland SIP 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, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: September 13, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 


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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61515 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for ‘‘2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard’’ to 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional 

explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

Maryland portion of the Washington 

DC–MD–VA 1997 PM2.5 nonattainment area.

4/3/08 10/10/12 [Insert page number where 

the document begins].

§ 52.1075(l) 

■ 3. In § 52.1075, paragraph (l) is added 

to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(l) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventory for 

the Maryland portion of the Washington 

DC–MD–VA 1997 fine particulate matter 

(PM2.5) nonattainment area submitted by 

the Maryland Department of 

Environment on April 3, 2008. The 2002 

base year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2012–24645 Filed 10–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0949; FRL–9361–7] 

Alkyl Amines Polyalkoxylates; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

exemption from the requirement of a 

tolerance for residues alkyl amines 

polyalkoxylates under 40 CFR 180.920 

and 40 CFR 180.930 to include the 

additional Chemical Abstract Service 

Registry Number (CAS Reg. No.) 

1266162–49–5. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an amendment to 

an existing requirement of a tolerance. 

DATES: This regulation is effective 

October 10, 2012. Objections and 

requests for hearings must be received 

on or before December 10, 2012, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0949 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), EPA West 

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: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; email address: 

fertich.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. 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: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0949 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before December 10, 2012. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any CBI) for inclusion in the public 

docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit the nonVerDate Mar<15>2010 15:13 Oct 09, 2012 Jkt 229001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10OCR1.SGM 10OCR1

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