7116 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 

FIRST-CLASS MAIL INTERNATIONAL PACKAGES (SMALL PACKETS)—Continued 

Weight not over 

(ozs.) 

Price groups 

1 2 3, 4, 5 6, 7, 8, 9 

5 ....................................................................................................................................... 2.76 4.00 5.20 4.96 

6 ....................................................................................................................................... 3.02 4.57 6.07 5.77 

7 ....................................................................................................................................... 3.28 5.14 6.94 6.58 

8 ....................................................................................................................................... 3.54 5.71 7.81 7.39 

12 ..................................................................................................................................... 4.56 7.33 9.60 9.14 

16 ..................................................................................................................................... 5.58 8.95 11.39 10.89 

20 ..................................................................................................................................... 6.60 10.57 13.18 12.64 

24 ..................................................................................................................................... 7.62 12.19 14.97 14.39 

28 ..................................................................................................................................... 8.64 13.81 16.76 16.14 

32 ..................................................................................................................................... 9.66 15.43 18.55 17.89 

36 ..................................................................................................................................... 10.68 17.05 20.34 19.64 

40 ..................................................................................................................................... 11.70 18.67 22.13 21.39 

44 ..................................................................................................................................... 12.72 20.29 23.92 23.14 

48 ..................................................................................................................................... 13.74 21.91 25.71 24.89 

52 ..................................................................................................................................... 14.76 23.53 27.50 26.64 

56 ..................................................................................................................................... 15.78 25.15 29.29 28.39 

60 ..................................................................................................................................... 16.80 26.77 31.08 30.14 

64 ..................................................................................................................................... 17.82 28.39 32.87 31.89 

* * * * * 

We will publish an amendment to 39 

CFR part 20 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–2794 Filed 2–8–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

EPA–R10–OAR–2010–0921, FRL–9257–1] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

revision to the State Implementation 

Plan (SIP), submitted by the 

Commissioner of the Alaska Department 

of Environmental Conservation (ADEC) 

to EPA on November 19, 2010. The SIP 

revision updates Alaska’s Prevention of 

Significant Deterioration (PSD) program 

to reflect changes to the Federal PSD 

program relating to the permitting of 

greenhouse gas (GHG) emissions. 

DATES: This action is effective on March 

11, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2010–0921. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be 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 http:// 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–107, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

EPA requests that 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: 

Scott Hedges at telephone number: (206) 

553–0296, e-mail address: 

hedges.scott@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. Public Comments on the Proposed Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On December 6, 2010, EPA published 

in the Federal Register, a proposal to 

approve a draft revision to the Alaska 

SIP, submitted by the Commissioner of 

ADEC to EPA on October 25, 2010, for 

parallel processing if the final SIP 

revision submitted by ADEC to EPA was 

consistent with the draft SIP revision. 

See 75 FR 75658. The draft SIP revision 

reflected changes to the Federal PSD 

program as of August 2, 2010 relating to 

the permitting of GHGs. In the proposal, 

EPA made the preliminary 

determination that the draft SIP revision 

was approvable as a SIP strengthening 

measure because it was consistent with 

the Clean Air Act (CAA) and EPA 

regulations regarding PSD permitting for 

GHGs. 

ADEC submitted to EPA a final SIP 

revision relating to the permitting of 

GHGs on November 19, 2010. The final 

SIP revision is consistent with the draft 

SIP revision. 

ADEC has also made other changes to 

its PSD permitting rule and other air 

regulations at the same time as this 

GHG-related revision. EPA will be 

acting on these other changes in a 

subsequent and separate rulemaking. 

II. Public Comments on the Proposed 

Action 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published in 

the December 6, 2010, Federal Register 

(75 FR 75658). EPA received one 

comment, submitted by ADEC, which 

supported the proposed action. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving as a SIP strengthening 

measure the State of Alaska’s SIP 

revision that reflects changes to the 

Federal PSD program as of August 2, 

2010, relating to the permitting of GHGs. 

The SIP revision provides Alaska with 

the authority to regulate GHGs under its 


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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 7117 

PSD program and establishes 

appropriate emissions thresholds for 

determining PSD applicability to new 

and modified GHG-emitting sources in 

accordance with EPA’s regulations 

regarding PSD permitting for GHGs. 

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 the 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 the 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. The 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 April 11, 2011. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Dated: January 18, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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 C—Alaska 

■ 2. Section 52.70 is amended by adding 

paragraph (c)(38) to read as follows: 

§ 52.70 Identification of plan 

* * * * * 

(c) * * * 

(38) On November 19, 2010, the 

Alaska Department of Environmental 

Conservation (ADEC) submitted a 

revision to the State of Alaska 

Implementation Plan that adds a 

definition of ‘‘Subject to regulation’’ as it 

applies to greenhouse gases in Alaska’s 

Prevention of Significant Deterioration 

(PSD) permit rule. 

(i) Incorporation by reference. (A) The 

following section of ADEC’s air quality 

regulations: The incorporation by 

reference date for 40 CFR 52.21 in 18 

AAC 50.040(h), introductory paragraph, 

but only with respect to its 

incorporation by reference of the 

definition of ‘‘Subject to regulation’’ in 

40 CFR 52.21(b)(49) for the purpose of 

greenhouse gases only; State effective 

December 9, 2010. 

■ 3. Section 52.96 is amended by 

revising paragraph (a) to read as follows: 

§ 52.96 Significant deterioration of air 

quality. 

(a) The State of Alaska Department of 

Environmental Conservation Air Quality 

Control Regulations as in effect on 

December 3, 2005 (specifically 18 AAC 

50.010 except (7) and (8); 50.015; 

50.020; 50.030(6) and (7); 50.035(a)(4) 

and (5); 50.040(h) except (17), (18), and 

(19); 50.215 except (a)(3); 50.250; 50.306 

except (b)(2) and (b)(3); 50.345 except 

(b), (c)(3) and (l); and 50.990 except (21) 

and (77)) are approved as meeting the 

requirements of part C for preventing 

significant deterioration of air quality. 

The introductory paragraph to 18 AAC 

50.040(h) as in effect on December 9, 

2010 is also approved as meeting the 

requirements of part C for preventing 

significant deterioration of air quality, 

but only with respect to its 

incorporation by reference of the 

definition of ‘‘Subject to regulation’’ in 

40 CFR 52.21(b)(49) for the purpose of 

greenhouse gases only. 

* * * * * 

[FR Doc. 2011–2776 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 


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