Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 64237 

15, 2011, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

at New Market, VA, to provide the 

controlled airspace required to support 

the new RNAV GPS standard 

instrument approach procedures 

developed for New Market Airport. This 

action is necessary for the safety and 

management of IFR operations at the 

airport. This action also adjusts the 

geographic coordinates of the airport to 

be in concert with the FAA’s 

aeronautical database. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes controlled airspace at New 

Market Airport, New Market, VA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AEA VA E5 New Market, VA [New] 

New Market Airport, VA 

(Lat. 38°39′22′′ N., long. 78°42′31′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 14.8-mile 

radius of New Market Airport. 

Issued in College Park, Georgia, on October 

4, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–26469 Filed 10–17–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Parts 500 to 899 

Republication 

CFR Correction 

Title 29 of the Code of Federal 

Regulations, Parts 500 to 899, revised as 

of July 1, 2011, is being republished in 

its entirety. The earlier issuance 

inadvertently omitted footnotes 41 

through 58, referenced in §§ 776.20 and 

776.21. The omitted footnotes should 

appear on pages 368 through 371. 

[FR Doc. 2011–26979 Filed 10–13–11; 5:19 pm] 

BILLING CODE 4510–27–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1909 

Access by Historical Researchers and 

Certain Former Government 

Personnel; Correction 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule; correction. 

SUMMARY: On September 23, 2011, the 

Central Intelligence Agency published a 

final rule resulting from a review of its 

public regulations on access by 

historical researchers and certain former 

government personnel. As a result of the 

review, the Agency has revised its 

access regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. Due to a 

technical error in the review process, an 

amendment was worded inaccurately. 

This document corrects that error. 

DATES: Effective October 18, 2011 and 

applicable beginning September 23, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

No. 2011–21576 appearing on page 

59034 in the Federal Register of 

September 23, 2011, the following 

correction is made: 

§ 1909.14 [Corrected] 

■ 1. On page 59035, in the third column, 

amendatory instruction 8 and § 1909.14 

heading are revised to read as follows: 

* * * * * 

■ 8. Revise § 1909.14 to read as follows: 

§ 1909.14. Determinations on requests for 

access by historical researchers. 

* * * * * 

Dated: October 11, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–26901 Filed 10–17–11; 8:45 am] 

BILLING CODE 6310–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0491; EPA–R03– 

OAR–2011–0570; FRL–9480–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSK4SPTVN1PROD with RULES
64238 Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This SIP revision pertains to 

amendments to Maryland’s rule for the 

control of volatile organic compound 

(VOC) emissions from chemical 

production and polytetrafluoroethylene 

operations; from paint, resin, and 

adhesive manufacturing; and from 

adhesive and sealant application. This 

SIP revision also pertains to an addition 

of a new regulation for the control of 

VOC emissions from adhesives and 

sealants. EPA is approving this SIP 

revision to meet the requirements of a 

reasonably available control technology 

(RACT) rule for the miscellaneous 

industrial adhesives control techniques 

guideline (CTG) category in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Effective Date: This final rule is 

effective on November 17, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Numbers EPA–R03–OAR–2011–0491 

and EPA–R03–OAR–2011–0570. 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: Rose 

Quinto, (215) 814–2182 or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 19, 2011 (76 FR 51925), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of Maryland’s adhesives and sealants 

rule. The formal SIP revisions (#08–02, 

#09–01, and #10–06) were submitted by 

the State of Maryland on April 18, 2008, 

May 28, 2009, and April 22, 2010. 

II. Summary of SIP Revision 

The SIP revisions consist of the 

following: (1) Amendments to COMAR 

26.11.19.30 ‘‘Control of VOC from 

Chemical Production and 

Polytetrafluoroethylene Operations;’’ (2) 

a new regulation for inclusion into the 

Maryland SIP—COMAR 26.11.35 

‘‘Control of VOC Emissions from 

Adhesives and Sealants;’’ (3) 

amendments to Regulation .01 under 

COMAR 26.11.35 by exempting singleply roof membrane installation and 

repair adhesives, single-ply roof 

membrane sealants, and single ply-roof 

membrane adhesive primers from 

standards for VOC content during nonozone seasons through 2011 and 

throughout the year of 2012; (4) 

amendments to Regulation .15A under 

COMAR 26.11.19 ‘‘VOCs from Specific 

Processes,’’ by adding new definitions; 

and (5) amendments to Regulation 

.15C(4) under COMAR 26.11.19 by 

repealing the general emission standard 

for adhesives and replacing it with the 

source-specific VOC RACT emission 

limitation for the application of 

adhesives and sealants to specialty 

electronic systems and subsystems for 

defense and homeland security. These 

SIP revisions meet the requirement to 

adopt a RACT for the miscellaneous 

industrial adhesives CTG category. 

Other specific requirements and the 

rationale for EPA’s proposed 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 adhesives and 

sealants rule as a revision to the 

Maryland SIP. This SIP revision meets 

the requirement to adopt RACT for the 

miscellaneous industrial adhesives CTG 

category. 

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 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 64239 

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 19, 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 

pertaining to Maryland’s adhesives and 

sealants rule, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 3, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising entries for 

COMAR 26.11.19.15 and COMAR 

26.11.19.30, and adding an entry for 

COMAR 26.11.35 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland administrative 

regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/citation at 40CFR 52.1100 

*******

26.11.19 Control of Volatile Organic Compounds from Specific Processes 

*******

26.11.19.15 .................................. Paint, Resin, and Adhesive Manufacturing and Adhesive and 

Sealant Applications.

4/19/10 10/18/11 [Insert page 

number where the document begins].

Amendments to Sections 

.15A and .15C. 

* * * * * * * 

26.11.19.30 .................................. Control of Volatile Organic Compounds from Chemical Production and Flouropolymer Material Installations.4/21/08 10/18/11[Insert page number where the document 

begins].

Amendments to Sections 

.30A, .30B, .30C and 

.30E. 

* * * * * * * 

26.11.35 Volatile Organic Compounds from Adhesives and Sealants 

26.11.35.01 .................................. Applicability and Exemptions ....... 4/21/08 

6/1/09 

10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.02 .................................. Incorporation by Reference ......... 4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.03 .................................. Definitions .................................... 4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.04 .................................. Standards .................................... 4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.05 .................................. Administrative Requirements ....... 4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.06 .................................. Compliance Procedures and Test 

Methods.

4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

26.11.35.07 .................................. Container Labeling ...................... 4/21/08 10/18/11 [Insert page 

number where the document begins].

New Section. 

* * * * * * * 


srobinson on DSK4SPTVN1PROD with RULES
64240 Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 

1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

* * * * * 

[FR Doc. 2011–26900 Filed 10–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0741–201071; FRL– 

9476–5] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the State 

Implementation Plan (SIP), submitted 

by the State of North Carolina, through 

the North Carolina Department of 

Environment and Natural Resources’ 

(NC DENR) Division of Air Quality, to 

EPA on August 11, 2010, for parallel 

processing. NC DENR submitted the 

final version of this SIP revision on May 

17, 2011. The SIP revision establishes 

new NC DENR air quality regulations, 

specific to the regulation of greenhouse 

gases (GHGs) under North Carolina’s 

New Source Review (NSR) Prevention of 

Significant Deterioration (PSD) program. 

Specifically, the SIP revision establishes 

appropriate emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to North Carolina’s PSD 

permitting requirements for their GHG 

emissions. This rule incorporates state 

law changes into the federally approved 

SIP, and specifically, clarifies the 

applicable thresholds in the North 

Carolina SIP for GHG PSD requirements. 

EPA is approving North Carolina’s May 

17, 2011, SIP revision because the 

Agency has made the determination that 

this SIP revision is in accordance with 

the Clean Air Act (CAA or Act) and EPA 

regulations, including regulations 

pertaining to PSD permitting for GHGs. 

Additionally, EPA is responding to 

adverse comments received on EPA’s 

November 5, 2010, proposed approval of 

North Carolina’s August 11, 2010, draft 

SIP revision. 

DATES: Effective Date: This rule will be 

effective November 17, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0741. All documents in the docket 

are listed on the http:// 

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 http:// 

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 

for further information. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the North 

Carolina SIP, contact Ms. Twunjala 

Bradley, 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. Ms. 

Bradley’s telephone number is (404) 

562–9352; e-mail address: 

bradley.twunjala@epa.gov. For 

information regarding the Tailoring 

Rule, contact Ms. Heather Abrams, Air 

Permits Section, at the same address 

above. Ms. Abrams’ telephone number 

is (404) 562–9185; e-mail address: 

abrams.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this final 

action? 

II. What is EPA’s response to comments 

received on this action? 

III. What is the effect of this final action? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What is the background for this final 

action? 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s final 

action on the North Carolina SIP. Four 

of these actions include, as they are 

commonly called, the ‘‘Endangerment 

Finding’’ and ‘‘Cause or Contribute 

Finding,’’ which EPA issued in a single 

final action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. 

On August 11, 2010, in response to 

the Tailoring Rule and earlier GHGrelated EPA rules, NC DENR submitted 

a draft revision to EPA for approval into 

the North Carolina SIP to establish 

appropriate emission thresholds for 

determining which new or modified 

stationary sources become subject to 

North Carolina’s PSD permitting 

requirements for GHG emissions. 

Subsequently, on November 5, 2010, 

EPA published a proposed rulemaking 

to approve a portion of North Carolina’s 

August 11, 2010, SIP revision under 

parallel processing. See 75 FR 68279. 

Specifically, North Carolina’s August 

11, 2010, draft SIP revision incorporates 

by reference the Tailoring Rule 

provisions at 40 Code of Federal 

Regulations (CFR) 51.166 (as amended 

June 3, 2010, and effective August 2, 

2010), into the North Carolina SIP at 

15A North Carolina Administrative 

Code (NCAC) 02D .0544—Prevention of 

Significant Deterioration Requirements 

for Greenhouse Gases, to address the 

thresholds for GHG permitting 

applicability. Detailed background 

information and EPA’s rationale for the 

proposed approval are provided in 

EPA’s November 5, 2010, Federal 

Register notice. 

EPA’s November 5, 2010, proposed 

approval was contingent upon North 

Carolina providing a final SIP revision 

that was substantively the same as the 

revision proposed for approval by EPA 

in the November 5, 2010, proposed 

rulemaking. See 75 FR 68279. North 

Carolina provided its final SIP revision 

on May 17, 2011. In its final SIP 

revision, North Carolina made minor 


srobinson on DSK4SPTVN1PROD with RULES