Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 67307 

■ 39. On page 59553, Figure 703.7.2.2.1 

is redesignated as Figure 703.7.2.2 and 

corrected as set forth below. 

■ 40. On page 59553, Figure 703.7.2.4.1 

is redesignated as Figure 703.7.2.4 and 

corrected as set forth below. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2013–26780 Filed 11–8–13; 8:45 am] 

BILLING CODE 8150–01–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0582; FRL– 9902–65– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Correcting 

Amendment. 

SUMMARY: On June 18, 2013, EPA 

published a final rule approving certain 

infrastructure requirements of the Clean 

Air Act (CAA) for Tennessee’s State 

Implementation Plan (SIP) for the 2008 

Lead national ambient air quality 

standards (NAAQS). The CAA requires 

that each state adopt and submit a SIP 

for the implementation, maintenance, 

and enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Further, in the 

June 18, 2013, final rule, EPA explained 

that the Agency was not taking action 

on the prevention of significant 

deterioration (PSD) elements of 

Tennessee’s infrastructure SIP, and that 

action on those infrastructure elements 

for the 2008 Lead NAAQS would occur 

in a subsequent action. This action 

corrects a typographical error in the 

regulatory language in paragraph (c) of 

EPA’s June 18, 2013, final rule related 

to the status of EPA’s action on these 

PSD elements for Tennessee’s 2008 Lead 

NAAQS infrastructure SIP. 

DATES: This action is effective 

November 12, 2013. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynorae Benjamin, Chief, 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. 

Benjamin can be reached at 404–562– 

9040, or via electronic mail at 

benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects a typographical error in 

the regulatory language that appears in 

paragraph (c) of Tennessee’s 

Conditional Approval section at 40 CFR 

52.2219. This typographical error stems 

from a June 18, 2013, final rule that 

approved in part, and conditionally 

approved in part, portions of 

Tennessee’s October 19, 2009, SIP 

revision addressing the infrastructure 

requirements for the 2008 Lead NAAQS. 

See 78 FR 36440. In that June 18, 2013, 

final rulemaking, EPA described that no 

action was being taking on the PSDrelated requirements of sections 

110(a)(2)(C), 110(a)(2)(D)(ii) and 

110(a)(2)(J) of Tennessee’s 2008 Lead 

NAAQS infrastructure submission. 

Inadvertently, however, EPA included a 

revision to the regulatory language in 


mstockstill on DSK4VPTVN1PROD with RULESER12NO13.168</GPH> ER12NO13.169</GPH>
67308 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 

paragraph (c) of Tennessee’s 

Conditional Approval section at 40 CFR 

52.2219, which incorrectly stated that 

EPA was conditionally approving the 

PSD-related elements of the 2008 Lead 

NAAQS. At the time of the June 18, 

2013, final rulemaking, 40 CFR 

52.2219(c) provided the regulatory text 

for the existing conditional approval of 

the Tennessee 2008 Ozone NAAQS 

infrastructure SIP for the PSD-related 

requirements at sections 110(a)(2)(C), 

110(a)(2)(D)(ii) and 110(a)(2)(J). See 78 

FR 14450 (finalizing conditional 

approval of the PSD-related 

requirements of sections 110(a)(2)(C), 

110(a)(2)(D)(ii) and 110(a)(2)(J) for 

Tennessee’s 2008 Ozone NAAQS 

infrastructure SIP). As a result of the 

inadvertent inclusion of regulatory text 

related to a conditional approval for 

certain elements of Tennessee’s 2008 

Lead NAAQS infrastructure SIP, the 

June 18, 2013, rulemaking removed the 

existing conditional approval regulatory 

text provided at paragraph (c) in 

reference to the 2008 Ozone NAAQS 

infrastructure SIP and replaced it with 

conditional approval of certain elements 

for the 2008 Lead NAAQS infrastructure 

SIP. This change was made in error. 

As noted above, EPA did not 

conditionally approve the PSD-related 

requirements of sections 110(a)(2)(C), 

110(a)(2)(D)(ii) and 110(a)(2)(J) for the 

2008 Lead NAAQS infrastructure SIP, 

nor did it intend to remove the reference 

at 40 CFR 52.2219(c) to EPA’s previous 

conditional approval of the PSD-related 

elements for the 2008 Ozone NAAQS 

infrastructure SIP. Rather, EPA’s 

inclusion of paragraph (c) in the June 

18, 2013 action was intended only to 

reference EPA’s previous conditional 

approval of the PSD-related elements in 

Tennessee’s 2008 8-Hour Ozone 

infrastructure SIP. Today’s action 

corrects the reference in paragraph (c) of 

40 CFR 52.2219 to reflect the 

conditional approval of the PSD-related 

portions of Tennessee’s 2008 8-Hour 

Ozone NAAQS infrastructure SIP 

instead of the 2008 Lead NAAQS 

infrastructure SIP. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to correct an 

inadvertent error contained in 

paragraph (c) of 40 CFR 52.2219 of the 

rulemaking and has no substantive 

impact on EPA’s June 18, 2013, 

rulemaking. In addition, EPA can 

identify no particular reason why the 

public would be interested in having the 

opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis or action to approve the 

addition of paragraph (c) to 40 CFR 

52.2219. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA 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.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) 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 action 

merely corrects a typographical error in 

paragraph (c) of 40 CFR 52.2219 by 

changing a reference to the 2008 Lead 

NAAQS back to reference the 2008 8- 

Hour Ozone NAAQS, for the June 18, 

2013, final rulemaking. For these 

reasons, EPA finds good cause under 

APA section 553(d)(3) for this correction 

to become effective on the date of 

publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects a 

typographical error in paragraph (c) of 

40 CFR 52.2219 by changing a reference 

to the 2008 Lead NAAQS back to 

reference the 2008 8-Hour Ozone 

NAAQS, which EPA approved on June 

18, 2013, and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule merely corrects an inadvertent error 

in paragraph (c) of a prior rule, and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects a typographical error in 

paragraph (c) of 40 CFR 52.2219 for a 

prior rulemaking by changing a 

reference to the 2008 Lead NAAQS back 

to reference the 2008 8-Hour Ozone 

NAAQS, which EPA approved on June 

18, 2013, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. In addition, 

this rule does not involve technical 

standards, thus the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule also does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 67309 

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 January 13, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: October 28, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

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 RR—Tennessee 

■ 2. Section 52.2219 paragraph (c) is 

revised to read as follows: 

§ 52.2219 Conditional approval. 

* * * * * 

(c) Conditional Approval—Submittal 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated October 19, 

2009, to address the Clean Air Act 

(CAA) sections 110(a)(2)(C), prong 3 of 

110(a)(2)(D)(i), and 110(a)(2)(J) for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards. EPA is 

conditionally approving TDEC’s 

submittal with respect to the PSD 

requirements of CAA sections 

110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), 

and 110(a)(2)(J), specifically related to 

the adoption of enforceable provisions 

for PSD increments as detailed in 

TDEC’s October 4, 2012, commitment 

letter. Tennessee must submit to EPA by 

March 6, 2014, a SIP revision adopting 

specific enforceable measures related to 

PSD increments as described in the 

State’s letter of commitment. 

* * * * * 

[FR Doc. 2013–26863 Filed 11–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket Nos. 12–376, FCC 12–161] 

Earth Stations Aboard Aircraft 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Earth Station Aboard 

Aircraft, Report and Order (Order), 

which adopted licensing and service 

rules for Earth Stations Aboard Aircraft 

(ESAA) communicating with FixedSatellite Service geostationary-orbit 

space stations operating in the 10.95– 

11.2 GHz, 11.45–11.7 GHz, 11.7–12.2 

GHz and 14.0–14.5 GHz frequency 

bands. This notice is consistent with the 

Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date for the new information 

requirements adopted. 

DATES: The amendments to 47 CFR 

25.132(b)(3), 25.227(b), (c), and (d) 

published at 78 FR 14920 on March 8, 

2013, are effective on November 12, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Kelly, Satellite Division, 

International Bureau, at (202) 418–7877. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on June 27, 

2013, OMB approved, for a period of 

three years, the information collection 

requirements relating to ESAA 

applications contained in the 

Commission’s Order, FCC 12–161, 

published at 78 FR 14920, March 8, 

2013. The OMB Control Number is 

3060–1187. The Commission publishes 

this notice as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1187, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on June 

27, 2013, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 25. Under 5 CFR 1320, 

an agency may not conduct or sponsor 

a collection of information unless it 

displays a current, valid OMB Control 

Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1187. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Pub. L. 104–13, October 1, 1995, and 44 

U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1187. 

OMB Approval Date: June 27, 2013. 

OMB Expiration Date: June 30, 2016. 

Title: Earth Stations Aboard Aircraft 

(ESAA). 

Form Number: N/A. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 6 respondents; 54 responses. 

Estimated Time per Response: 1–4 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The 

Commission has statutory authority for 

the information collection requirements 

under Sections 4(i), 4(j), 7(a), 302(a), 

303(c), 303(e), 303(f), 303(g), 303(j), 

303(r), and 303(y) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 

157(a), 302(a), 303(c), 303(e), 303(f), 

303(g), 303(j), 303(r), and 303(y). 

Total Annual Burden: 114 hours. 

Total Annual Cost: $16,200. 

Nature and Extent of Confidentiality: 

An assurance of confidentiality is not 

offered because this information 

collection does not require the 

collection of personally identifiable 

information (PII) from individuals. 

Privacy Act: No impact(s). 

Needs and Uses: The ESAA Report 

and Order, FCC 12–161, implements 

mstockstill on DSK4VPTVN1PROD with RULES