72142 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules 

increases or decreases will be 

incremental. In addition, small, 

unaffiliated entities generally occupy 

less Federal lands than larger projects 

that generate more power. Therefore, as 

a class of licensees, small entities would 

be less impacted by an annual charge for 

the use of Federal lands. Furthermore, 

this proposed rule does not incur any 

additional compliance or recordkeeping 

costs on any licensees occupying 

Federal lands. Consequently, the 

proposed rule should not impose a 

significant economic impact on small 

entities. 

70. Based on this understanding, the 

Commission certifies that the proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

no regulatory flexibility analysis is 

required. 

D. Comment Procedures 

71. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due January 6, 2012. 

Comments must refer to Docket No. 

RM11–6–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

72. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

73. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

74. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

E. Document Availability 

75. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

76. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

77. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–(866) 208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 11 

Dams, Electric power, Indians-lands, 

Public lands, Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Commissioner Spitzer is not participating. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 11, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 11—ANNUAL CHARGES UNDER 

PART I OF THE FEDERAL POWER ACT 

1. The authority citation for part 11 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r; 42 U.S.C. 

7101–7352. 

§ 11.2 [Amended] 

2. Amend § 11.2 by deleting 

paragraph (a). 

3. Amend § 11.2 by revising paragraph 

(b) to read as follows: 

(b) Pending further order of the 

Commission, annual charges for the use 

of government lands will be payable in 

advance, and will be set on the basis of 

an annual schedule of rental fees for 

linear rights-of-way as set out in 

Appendix A of this part. Annual charges 

for transmission line rights of way and 

other project lands will be equal to the 

per-acre charges established by the 

above schedule. The Commission, by its 

designee the Executive Director, will 

update its fee schedule to reflect 

changes in land values established by 

the U.S. National Agricultural Statistics 

Service Census, and to reflect changes 

in the annual adjustment factor, as 

calculated by the U.S. Bureau of Land 

Management. The Executive Director 

will publish the updated fee schedule in 

the Federal Register. 

4. Amend § 11.2 by deleting existing 

paragraphs (c)(1) and (c)(2). 

5. Amend § 11.2 by redesignating 

paragraph (b) as new paragraph (a), and 

by redesignating paragraphs (d) and (e) 

as new paragraphs (b) and (c), 

respectively. 

[FR Doc. 2011–30110 Filed 11–21–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0875; FRL–9495–1] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the South Coast Air Quality 

Management District portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM) emissions from 

paved and unpaved roads and livestock 

operations and aggregate and related 

operations. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATE: Any comments must arrive by 

December 22, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0875, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 


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Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules 72143 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or email. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

email directly to EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule and rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agency 

and submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ........................................................ 1157 PM10 Emission Reduction from Aggregate 

and Related Operations.

09/06/2006 05/17/2010 

SCAQMD ........................................................ 1186 PM10 Emissions from Paved and Unpaved 

Roads and Livestock Operations.

07/11/2008 12/23/2008 

On June 8, 2010 and April 20, 2009, 

EPA determined that the submittals for 

SCAQMD Rule 1157 and Rule 1186, 

respectively, met the completeness 

criteria in 40 CFR part 51, Appendix V, 

which must be met before formal EPA 

review. 

B. Are there other versions of these 

rules? 

There is no previous version of Rule 

1157 in the SIP, although the SCAQMD 

adopted an earlier version of this rule 

on January 7, 2005 which was not 

submitted to us. Rule 1157 was 

amended on September 6, 2006, and 

CARB submitted it to us on May 17, 

2010. We approved an earlier version of 

Rule 1186 into the SIP on November 14, 

2005 (70 FR 69081). The SCAQMD 

adopted a revision to the SIP-approved 

version on July 11, 2008 and CARB 

submitted it to us on December 23, 

2008. 

C. What is the purpose of the submitted 

rule and rule revision? 

PM contributes to effects that are 

harmful to human health and the 

environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. Rule 1157 reduces 

fugitive dust PM10 emissions from 

aggregate and related operations 

including loading and unloading 

activities, process equipment, open 

storage piles, unpaved and paved roads 

inside the facilities, and track out. 

Amended Rule 1186 controls PM from 

paved and unpaved public roads, and 

livestock operations. The rule was 

amended to require submission of data 

to demonstrate that the street sweeper 

performance has not been affected by 

requirements in the SIP-approved rule; 

and also to establish a process by which 

aftermarket parts suppliers may qualify 

to sell replacement parts while 

maintaining the original equipment 

certification. EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate PM 

nonattainment areas, and Best Available 

Control Measures (BACM), including 

Best Available Control Technology 

(BACT), in serious PM nonattainment 

areas (see CAA sections 189(a)(1) and 

189(b)(1)). The SCAQMD regulates a PM 

nonattainment area classified as serious 

(see 40 CFR part 81), so Rules 1157 and 

1186 must fulfill BACM. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACM or BACM requirements 

consistently include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations; Clarification to 

Appendix D of November 24, 1987 

Federal Register Notice,’’ (Blue 

Book), notice of availability 

published in the May 25, 1988 

Federal Register. 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, 

August 21, 2001 (the Little 

Bluebook). 

3. ‘‘State Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clean Air Act 

Amendments of 1990,’’ 57 FR 13498 

(April 16, 1992); 57 FR 18070 (April 

28, 1992). 

4. ‘‘State Implementation Plans for 

Serious PM–10 Nonattainment 

Areas, and Attainment Date 

Waivers for PM–10 Nonattainment 

Areas Generally; Addendum to the 

General Preamble for the 

Implementation of Title I of the 


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72144 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Proposed Rules 

Clean Air Act Amendments of 

1990,’’ 59 FR 41998 (August 16, 

1994). 

5. ‘‘PM–10 Guideline Document,’’ EPA 

452/R–93–008, April 1993. 

6. ‘‘Fugitive Dust Background Document 

and Technical Information 

Document for Best Available 

Control Measures,’’ EPA 450/2–92– 

004, September 1992. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACM, BACM, 

and SIP relaxations. The TSDs have 

more information on our evaluation. 

C. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these rules 

into the federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: November 4, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–30156 Filed 11–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 00–168; 00–44; FCC 11– 

162] 

Standardized and Enhanced 

Disclosure Requirements for 

Television Broadcast Licensee Public 

Interest Obligations; Extension of the 

Filing Requirement for Children’s 

Television Programming Report (FCC 

Form 398) 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on a 

proposed requirement that each 

television station’s public inspection 

file be made available in an online 

public file to be hosted on the 

Commission’s Web site. 

DATES: Comments for this proceeding 

are due on or before December 22, 2011; 

reply comments are due on or before 

January 6, 2012. Written PRA comments 

on the proposed information collection 

requirements contained herein must be 

submitted by the public, Office of 

Management and Budget (OMB), and 

other interested parties on or before 

January 23, 2012. 

ADDRESSES: You may submit comments, 

identified by MB Docket Nos. 00–168 

and 00–44, by any of the following 

methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS) Web Site: http://

fjallfoss.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

Mail: Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

People With Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

In addition to filing comments with 

the Secretary, a copy of any comments 

on the Paperwork Reduction Act 

proposed information collection 

requirements contained herein should 

be submitted to the Federal 

Communications Commission via email 

to PRA@fcc.gov and to Nicholas A. 

Fraser, Office of Management and 

Budget, via email to Nicholas_A._

Fraser@omb.eop.gov or via fax at (202) 

395–5167. For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the supplementary information 

section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Holly Saurer, 

Holly.Saurer@fcc.gov of the Media 

Bureau, Policy Division, (202) 418– 

2120. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 


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