Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5, 22888-22893 [2017-10245]
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misdelivery, misplacement, or loss of
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*
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*
(4) Materials deposited with a
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Dated: May 11, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017–10218 Filed 5–18–17; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0918; FRL–9962–89–
OAR]
RIN 2060–AT44
Air Quality Designations for the 2012
Primary Annual Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) for Areas in Tennessee
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is establishing air quality
designations in the United States (U.S.)
SUMMARY:
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for the 2012 primary annual fine
particle (PM2.5) National Ambient Air
Quality Standard (NAAQS) for the
remaining undesignated areas in the
state of Tennessee. When the EPA
designated the majority of areas in the
country in December 2014, and March
2015, the EPA deferred initial area
designations for several locations,
including all of the state of Tennessee
except three counties in the Chattanooga
area, because the EPA could not
determine using available data whether
the areas were meeting or not meeting
the NAAQS. However, we believed that
forthcoming data in 2015 would allow
the EPA to make that determination.
Tennessee has now submitted complete,
quality-assured, and certified air quality
monitoring data for 2015 for the areas
identified in this document, and based
on these data, the EPA is designating
these areas as unclassifiable/attainment
for the 2012 primary annual PM2.5
NAAQS.
This final rule is effective on
June 19, 2017.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2012–0918. All
documents in the docket are listed in
the https://www.regulations.gov index.
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 in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, William
Jefferson Clinton West Building, Room
3334, 1301 Constitution Avenue NW.,
Washington, DC. 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 Air Docket is (202) 566–1742.
In addition, the EPA has established
a Web site for the rulemakings to
initially designate areas for the 2012
primary annual PM2.5 NAAQS at:
https://www3.epa.gov/pmdesignations/
2012standards/index.htm. This Web
site includes the EPA’s final PM2.5
designations, as well as state and tribal
initial recommendation letters, the
EPA’s modification letters, technical
support documents, responses to
comments and other related technical
information.
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ADDRESSES:
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For
general questions concerning this
action, please contact Carla Oldham,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Planning
Division, C539–04, Research Triangle
Park, North Carolina 27711, telephone
(919) 541–3347, email at oldham.carla@
epa.gov. The Region 4 contact is
Madolyn Sanchez, U.S. EPA, Air
Regulatory Management Section, Air
Planning and Implementation Branch,
Air, Pesticides and Toxics Management
Division, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960, telephone (404)
562–9644, email at sanchez.madolyn@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, the EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution (78 FR 3086; January
15, 2013). In that action, the EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic means
does not exceed 12.0 mg/m3. Section
107(d) of the Clean Air Act (CAA), 42
U.S.C. 7407(d), governs the process for
initial area designations after the EPA
establishes a new or revised NAAQS.
Under CAA section 107(d), each
governor is required to, and each tribal
leader may, if they so choose,
recommend air quality designations to
the EPA by a date that cannot be later
than 1 year after the promulgation of a
new or revised NAAQS. The EPA
considers these recommendations as
part of its duty to promulgate the area
designations and boundaries for the new
or revised NAAQS. If, after careful
consideration of these
recommendations, the EPA believes that
it is necessary to modify a state’s
recommendation and intends to
promulgate a designation different from
a state’s recommendation, the EPA must
notify the state at least 120 days prior
to promulgating the final designation
and the EPA must provide the state an
opportunity to demonstrate why any
proposed modification is inappropriate.
These modifications may relate either to
an area’s designation or to its
boundaries.
On December 18, 2014, the
Administrator of the EPA signed a final
action promulgating initial designations
for the 2012 primary PM2.5 NAAQS
based on 2011–2013-air quality
monitoring data for the majority of the
U.S., including areas of Indian country
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(80 FR 2206; January 15, 2015). In that
action, the EPA also deferred initial area
designations for several areas where
available data, including air quality
monitoring data, were insufficient to
determine whether the areas met or did
not meet the NAAQS, but where
forthcoming data were likely to result in
complete and valid air quality data
sufficient to determine whether these
areas meet the NAAQS. Accordingly,
the EPA stated that it would use the
additional time available as provided
under section 107(d)(1)(B) of the CAA to
assess relevant information and
subsequently promulgate initial
designations for the identified areas
through a separate rulemaking action or
actions. The deferred areas included the
entire state of Tennessee, except three
counties in the Chattanooga area;
several areas in the state of Georgia,
including two neighboring counties in
the bordering states of Alabama and
South Carolina; the entire state of
Florida; and areas of Indian country
located in these areas.
In separate actions published on April
15, 2015 (80 FR 18535), and September
6, 2016 (81 FR 61136), the EPA
completed designations of
unclassifiable/attainment for all
remaining deferred areas in the state of
Georgia (including two neighboring
counties in the bordering states of
Alabama and South Carolina) and 62
counties in the state of Florida,
including areas of Indian country
located in those areas.
II. Purpose and Designation Decisions
Based on 2013–2015 Data
The purpose of this action is to
announce and promulgate initial area
designations of unclassifiable/
attainment for the 2012 PM2.5 NAAQS
for the remaining 92 counties in the
state of Tennessee.1 All of the areas at
issue in this action were initially
deferred in the EPA’s January 15, 2015,
rulemaking.2 Since then, the state of
Tennessee submitted to the EPA
complete, quality-assured, and certified
air quality monitoring data from 2013–
2015 for these deferred areas. These data
provide the EPA with sufficient
information to promulgate initial
designations for the remaining
undesignated areas in the state of
Tennessee in this action. Air quality
data collected and submitted to the EPA
1 The 3 previously designated unclassifiable/
attainment counties in the Chattanooga area are
Hamilton County, Marion County and Sequatchie
County.
2 See also the technical support document for the
deferred Tennessee areas in the rulemaking docket,
document numbered EPA–HQ–OAR–2012–0918–
0325.
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for 2013–2015 for these areas indicate
that the areas are attaining the 2012
PM2.5 NAAQS and are not causing or
contributing to a violation of the
NAAQS in a nearby area. Therefore, the
EPA is designating the remaining 92
undesignated counties in the state of
Tennessee as unclassifiable/attainment.
This designation is consistent with
Tennessee’s recommended area
designations and boundaries for these
areas for the 2012 PM2.5 standard. The
table at the end of this final rule
(amendments to 40 CFR 81.343—
Tennessee) lists all areas for which the
EPA has promulgated an initial
designation in Tennessee. There are no
areas of Indian country covered by this
action.
III. Environmental Justice
Considerations
When the EPA establishes a new or
revised NAAQS, the CAA requires the
EPA to designate all areas of the U.S. as
either nonattainment, attainment, or
unclassifiable. The EPA provided a
meaningful opportunity for members of
the public to participate in the
development of the 2012 primary
annual PM2.5 standard that underlies the
present action, including conducting an
outreach and information call with
environmental justice organizations on
August 9, 2012.
As part of the process of reviewing the
PM air quality criteria and revising the
primary annual PM2.5 standard, the EPA
identified persons from lower
socioeconomic strata as an at-risk
population for PM-related health effects.
As a result, the EPA carefully evaluated
the potential impacts on low-income
and minority populations. Based on this
evaluation and consideration of public
comments, the EPA eliminated spatial
averaging provisions as part of the form
of the primary annual PM2.5 standard in
order to avoid potential
disproportionate impacts on at-risk
populations, including populations
from lower socioeconomics strata. See
78 FR at 3267 (January 15, 2013).
This final action addresses
designation determinations for certain
areas in Tennessee based on that 2012
primary annual PM2.5 standard. The
CAA requires the EPA to determine
through a designation process whether
an area meets or does not meet any new
or revised national primary or
secondary ambient air quality standard.
The promulgation of area designations
facilitates public understanding and
awareness of the air quality in an area.
For this action, the complete and valid
monitoring data from Tennessee
indicate that all affected areas are
meeting the NAAQS. Furthermore, no
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area affected by this action is
contributing to a NAAQS violation in a
nearby area.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is exempt from review by
the Office of Management and Budget
because it responds to the CAA
requirement to promulgate air quality
designations after promulgation of a
new or revised NAAQS.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action fulfills the nondiscretionary duty for the EPA to
promulgate air quality designations after
promulgation of a new or revised
NAAQS and does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
This designation action under CAA
section 107(d) is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. Section 107(d)(2)(B) of
the CAA explicitly provides that
designations are exempt from the notice
and comment provisions of the APA. In
addition, designations under section
107(d) are not among the list of actions
that are subject to the notice and
comment procedures of CAA section
307(d).
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538 and does
not significantly or uniquely affect small
governments. The action implements
mandates specifically and explicitly set
forth in the CAA for the 2012 PM2.5
NAAQS (40 CFR 50.18). The CAA
establishes the process whereby states
take primary responsibility for
developing plans, where required, to
meet the 2012 PM2.5 NAAQS.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have a
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.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Government
This action does not have tribal
implications. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. Areas of Indian
country are not being designated as part
of this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying to those regulatory
actions that concern environmental
health or safety risks that the EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The documentation for this
determination is contained in Section III
of this preamble, ‘‘Environmental
Justice Considerations.’’
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the U.S. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
L. Judicial Review
Section 307(b)(1) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
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actions by the EPA. This section
provides, in part, that petitions for
review must be filed in the Court of
Appeals for the District of Columbia
Circuit: (i) When the agency action
consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken by the Administrator,’’ or (ii)
when such action is locally or regionally
applicable, if ‘‘such action is based on
a determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’
This final action, in conjunction with
the previous final actions designating
areas across the U.S. for the 2012 annual
PM2.5 NAAQS, is ‘‘nationally
applicable’’ within the meaning of
section 307(b)(1). At the core of this
final action is the EPA’s interpretations
of the definitions of nonattainment,
attainment and unclassifiable under
section 107(d)(1) of the CAA, and its
application of those interpretations to
areas across the country. For the same
reasons, the Administrator is also
determining that the final designations
are of nationwide scope and effect for
the purposes of section 307(b)(1). This
is particularly appropriate because, in
the report on the 1977 Amendments that
revised section 307(b)(1) of the CAA,
Congress noted that the Administrator’s
determination that an action is of
‘‘nationwide scope or effect’’ would be
appropriate for any action that has a
scope or effect beyond a single judicial
circuit. H.R. Rep. No. 95–294 at 323,
324, reprinted in 1977 U.S.C.C.A.N.
1402–03. Here, the scope and effect of
this final action extends to numerous
judicial circuits since the designations
relate to the designations for areas
across the country. In these
circumstances, section 307(b)(1) and its
legislative history calls for the
Administrator to find the action to be of
‘‘nationwide scope or effect’’ and for
venue to be in the D.C. Circuit.
Thus, any petitions for review of final
designations must be filed in the Court
of Appeals for the District of Columbia
Circuit within 60 days from the date
final action is published in the Federal
Register.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 10, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 81 is amended as
follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. Section 81.343 is amended by
revising the table entitled ‘‘Tennessee—
2012 Annual PM2.5 NAAQS [Primary]’’
to read as follows:
■
§ 81.343
*
*
Tennessee.
*
*
*
TENNESSEE—2012 ANNUAL PM2.5 NAAQS
[Primary]
Designation
Classification
Designated area 1
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Date 2
Statewide:
Anderson County ................................
Bedford County ...................................
Benton County ....................................
Bledsoe County ...................................
Blount County .....................................
Bradley County ...................................
Campbell County ................................
Cannon County ...................................
Carroll County .....................................
Carter County ......................................
Cheatham County ...............................
Chester County ...................................
Claiborne County ................................
Clay County ........................................
Cocke County .....................................
Coffee County .....................................
Crockett County ..................................
Cumberland County ............................
Davidson County .................................
Decatur County ...................................
DeKalb County ....................................
Dickson County ...................................
Dyer County ........................................
Fayette County ....................................
Fentress County ..................................
Franklin County ...................................
Gibson County ....................................
Giles County .......................................
Grainger County ..................................
Greene County ....................................
Grundy County ....................................
Hamblen County .................................
Hamilton County .................................
Hancock County ..................................
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April 15, 2015 ...
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Date 2
Type
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
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TENNESSEE—2012 ANNUAL PM2.5 NAAQS—Continued
[Primary]
Designation
Classification
Designated area 1
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Date 2
Hardeman County ...............................
Hardin County .....................................
Hawkins County ..................................
Haywood County .................................
Henderson County ..............................
Henry County ......................................
Hickman County ..................................
Houston County ..................................
Humphreys County .............................
Jackson County ..................................
Jefferson County .................................
Johnson County ..................................
Knox County .......................................
Lake County ........................................
Lauderdale County ..............................
Lawrence County ................................
Lewis County ......................................
Lincoln County ....................................
Loudon County ....................................
McMinn County ...................................
McNairy County ..................................
Macon County .....................................
Madison County ..................................
Marion County .....................................
Marshall County ..................................
Maury County ......................................
Meigs County ......................................
Monroe County ...................................
Montgomery County ............................
Moore County .....................................
Morgan County ...................................
Obion County ......................................
Overton County ...................................
Perry County .......................................
Pickett County .....................................
Polk County .........................................
Putnam County ...................................
Rhea County .......................................
Roane County .....................................
Robertson County ...............................
Rutherford County ...............................
Scott County .......................................
Sequatchie County ..............................
Sevier County .....................................
Shelby County .....................................
Smith County ......................................
Stewart County ...................................
Sullivan County ...................................
Sumner County ...................................
Tipton County ......................................
Trousdale County ................................
Unicoi County ......................................
Union County ......................................
Van Buren County ..............................
Warren County ....................................
Washington County .............................
Wayne County ....................................
Weakley County ..................................
White County ......................................
Williamson County ..............................
Wilson County .....................................
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Date 2
Type
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
Unclassifiable/Attainment.
1 Includes
2 This
areas of Indian country located in each county or area, if any, except as otherwise specified.
date is June 19, 2017, unless otherwise noted.
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations
*
*
*
*
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[FR Doc. 2017–10245 Filed 5–18–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 10
RIN 0906–AA89
340B Drug Pricing Program Ceiling
Price and Manufacturer Civil Monetary
Penalties Regulation
Health Resources and Services
Administration, HHS.
ACTION: Final rule; further delay of
effective date.
AGENCY:
The Health Resources and
Services Administration (HRSA)
administers section 340B of the Public
Health Service Act (PHSA), referred to
as the ‘‘340B Drug Pricing Program’’ or
the ‘‘340B Program.’’ HRSA published a
final rule on January 5, 2017, that set
forth the calculation of the ceiling price
and application of civil monetary
penalties. The final rule applied to all
drug manufacturers that are required to
make their drugs available to covered
entities under the 340B Program. In
accordance with a January 20, 2017,
memorandum from the Assistant to the
President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review,’’
HRSA issued an interim final rule that
delayed the effective date of the final
rule published in the Federal Register
(82 FR 1210, (January 5, 2017)) to May
22, 2017. HHS invited commenters to
provide their views on whether a longer
delay of the effective date to October 1,
2017, would be more appropriate. After
consideration of the comments received
on the interim final rule, HHS is
delaying the effective date of the
January 5, 2017 final rule, to October 1,
2017.
DATES: As of May 19, 2017, the effective
date of the final rule published in the
Federal Register (82 FR 1210, (January
5, 2017)) is further delayed to October
1, 2017.
FOR FURTHER INFORMATION CONTACT:
CAPT Krista Pedley, Director, Office of
Pharmacy Affairs, Healthcare Systems
Bureau, HRSA, 5600 Fishers Lane, Mail
Stop 08W05A, Rockville, MD 20857, or
by telephone at 301–594–4353.
SUPPLEMENTARY INFORMATION:
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
I. Background
In September 2010, HHS published an
advanced notice of proposed
rulemaking (ANPRM) in the Federal
Register, ‘‘340B Drug Pricing Program
VerDate Sep<11>2014
14:45 May 18, 2017
Jkt 241001
Manufacturer Civil Monetary Penalties’’
(75 FR 57230, (September 20, 2010)).
HHS subsequently published a notice of
proposed rulemaking (NPRM) in June
2015 to implement civil monetary
penalties (CMPs) for manufacturers who
knowingly and intentionally charge a
covered entity more than the ceiling
price for a covered outpatient drug; to
provide clarity regarding the
requirement that manufacturers
calculate the 340B ceiling price on a
quarterly basis; and to establish the
requirement that a manufacturer charge
a $.01 (penny pricing policy) for drugs
when the ceiling price calculation
equals zero (80 FR 34583, (June 17,
2015)). The public comment period
closed August 17, 2015, and HRSA
received 35 comments. After review of
the initial comments, HHS reopened the
comment period (81 FR 22960, (April
19, 2016)) to invite additional comments
on the following areas of the NPRM:
340B ceiling price calculations that
result in a ceiling price that equals zero
(penny pricing); the methodology that
manufacturers use when estimating the
ceiling price for a new covered
outpatient drug; and the definition of
the ‘‘knowing and intentional’’ standard
to be applied when assessing a CMP for
manufacturers that overcharge a covered
entity. The comment period closed May
19, 2016, and HHS received 72
comments.
On January 5, 2017, HHS published a
final rule in the Federal Register (82 FR
1210, (January 5, 2017)) and comments
from both the NPRM and the reopening
notice were considered in the
development of the final rule. The
provisions of that rule were to be
effective March 6, 2017; however, HHS
issued a subsequent final rule (82 FR
12508, (March 6, 2017)) delaying the
effective date to March 21, 2017, in
accordance with a January 20, 2017
memorandum from the Assistant to the
President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review.’’ 1
In the January 5, 2017 final rule, HHS
recognized that the effective date fell
during the middle of a quarter and
stakeholders needed time to adjust
systems and update their policies and
procedures. As such, HHS stated that it
intended to enforce the requirements of
the final rule at the start of the next
quarter, which began April 1, 2017.
After further consideration and to
provide affected parties sufficient time
to make needed changes to facilitate
compliance, and because there were
questions raised, HHS issued an interim
1 See: https://www.whitehouse.gov/the-pressoffice/2017/01/20/memorandum-heads-executivedepartments-and-agencies.
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22893
final rule (82 FR 14332, (March 20,
2017)) to delay the effective date of the
final rule to May 22, 2017, and solicited
additional comment on whether that
date should be further delayed to
October 1, 2017. HHS received a
number of comments on the interim
final rule both supporting and opposing
the delay of the effective date to May 22,
2017, or alternatively to October 1,
2017. After careful consideration of the
comments received, HHS has decided to
delay the effective date of the January 5,
2017 final rule to October 1, 2017. As
the effective date of the final rule has
been changed to October 1, 2017,
enforcement will be correspondingly
delayed to October 1, 2017. HHS
continues to believe that the delay of the
effective date provides regulated entities
sufficient time to implement the
requirements of the rule.
Section 553(d) of the Administrative
Procedure Act (APA) (5 U.S.C. 551 et
seq.) requires that Federal agencies
provide at least 30 days after
publication of a final rule in the Federal
Register before making it effective,
unless good cause can be found not to
do so. HHS finds that there is good
cause for making this final rule effective
less than 30 days after publication in the
Federal Register given that failure to do
so would result in the final rule
published on January 5, 2017, going into
effect for several weeks, before having a
delayed effective date of October 1,
2017. To preclude this uncertainty in
the marketplace and to ease the burdens
on all stakeholders, HHS believes that a
clear effective date is an important goal
and one that becomes particularly
important when it is paired with
potential civil monetary penalties. The
additional time provided to the public
before the rule takes effect constitutes
an extra quarter and will assist
stakeholders in preparing to comply
with these new program requirements.
II. Analysis and Responses to Public
Comments
In the interim final rule, we solicited
comments regarding whether HHS
should delay the January 5, 2017 final
rule to May 22, 2017, or alternatively to
October 1, 2017. We received a broad
range of 51 comments from covered
entities, manufacturers, and groups
representing these stakeholders. In this
final rule, we will only be responding to
comments related to whether HHS
should delay the January 5, 2017 final
rule to May 22, 2017, or to October 1,
2017. Comments that raised issues
beyond the narrow scope of the interim
final rule, including comments related
to withdrawal of the rule or comments
related to policy matters, were not
E:\FR\FM\19MYR1.SGM
19MYR1
Agencies
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Rules and Regulations]
[Pages 22888-22893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10245]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2012-0918; FRL-9962-89-OAR]
RIN 2060-AT44
Air Quality Designations for the 2012 Primary Annual Fine
Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) for
Areas in Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is establishing air
quality designations in the United States (U.S.)
[[Page 22889]]
for the 2012 primary annual fine particle (PM2.5) National
Ambient Air Quality Standard (NAAQS) for the remaining undesignated
areas in the state of Tennessee. When the EPA designated the majority
of areas in the country in December 2014, and March 2015, the EPA
deferred initial area designations for several locations, including all
of the state of Tennessee except three counties in the Chattanooga
area, because the EPA could not determine using available data whether
the areas were meeting or not meeting the NAAQS. However, we believed
that forthcoming data in 2015 would allow the EPA to make that
determination. Tennessee has now submitted complete, quality-assured,
and certified air quality monitoring data for 2015 for the areas
identified in this document, and based on these data, the EPA is
designating these areas as unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS.
DATES: This final rule is effective on June 19, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0918. All documents in the docket are
listed in the https://www.regulations.gov index. 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 in https://www.regulations.gov or in
hard copy at the EPA Docket Center, William Jefferson Clinton West
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC. 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 Air
Docket is (202) 566-1742.
In addition, the EPA has established a Web site for the rulemakings
to initially designate areas for the 2012 primary annual
PM2.5 NAAQS at: https://www3.epa.gov/pmdesignations/2012standards/index.htm. This Web site includes the EPA's final
PM2.5 designations, as well as state and tribal initial
recommendation letters, the EPA's modification letters, technical
support documents, responses to comments and other related technical
information.
FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Carla Oldham, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Planning Division, C539-04,
Research Triangle Park, North Carolina 27711, telephone (919) 541-3347,
email at oldham.carla@epa.gov. The Region 4 contact is Madolyn Sanchez,
U.S. EPA, Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960, telephone (404)
562-9644, email at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, the EPA promulgated a revised primary annual
PM2.5 NAAQS to provide increased protection of public health
from fine particle pollution (78 FR 3086; January 15, 2013). In that
action, the EPA strengthened the primary annual PM2.5
standard from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0
[mu]g/m\3\, which is attained when the 3-year average of the annual
arithmetic means does not exceed 12.0 [mu]g/m\3\. Section 107(d) of the
Clean Air Act (CAA), 42 U.S.C. 7407(d), governs the process for initial
area designations after the EPA establishes a new or revised NAAQS.
Under CAA section 107(d), each governor is required to, and each tribal
leader may, if they so choose, recommend air quality designations to
the EPA by a date that cannot be later than 1 year after the
promulgation of a new or revised NAAQS. The EPA considers these
recommendations as part of its duty to promulgate the area designations
and boundaries for the new or revised NAAQS. If, after careful
consideration of these recommendations, the EPA believes that it is
necessary to modify a state's recommendation and intends to promulgate
a designation different from a state's recommendation, the EPA must
notify the state at least 120 days prior to promulgating the final
designation and the EPA must provide the state an opportunity to
demonstrate why any proposed modification is inappropriate. These
modifications may relate either to an area's designation or to its
boundaries.
On December 18, 2014, the Administrator of the EPA signed a final
action promulgating initial designations for the 2012 primary
PM2.5 NAAQS based on 2011-2013-air quality monitoring data
for the majority of the U.S., including areas of Indian country (80 FR
2206; January 15, 2015). In that action, the EPA also deferred initial
area designations for several areas where available data, including air
quality monitoring data, were insufficient to determine whether the
areas met or did not meet the NAAQS, but where forthcoming data were
likely to result in complete and valid air quality data sufficient to
determine whether these areas meet the NAAQS. Accordingly, the EPA
stated that it would use the additional time available as provided
under section 107(d)(1)(B) of the CAA to assess relevant information
and subsequently promulgate initial designations for the identified
areas through a separate rulemaking action or actions. The deferred
areas included the entire state of Tennessee, except three counties in
the Chattanooga area; several areas in the state of Georgia, including
two neighboring counties in the bordering states of Alabama and South
Carolina; the entire state of Florida; and areas of Indian country
located in these areas.
In separate actions published on April 15, 2015 (80 FR 18535), and
September 6, 2016 (81 FR 61136), the EPA completed designations of
unclassifiable/attainment for all remaining deferred areas in the state
of Georgia (including two neighboring counties in the bordering states
of Alabama and South Carolina) and 62 counties in the state of Florida,
including areas of Indian country located in those areas.
II. Purpose and Designation Decisions Based on 2013-2015 Data
The purpose of this action is to announce and promulgate initial
area designations of unclassifiable/attainment for the 2012
PM2.5 NAAQS for the remaining 92 counties in the state of
Tennessee.\1\ All of the areas at issue in this action were initially
deferred in the EPA's January 15, 2015, rulemaking.\2\ Since then, the
state of Tennessee submitted to the EPA complete, quality-assured, and
certified air quality monitoring data from 2013-2015 for these deferred
areas. These data provide the EPA with sufficient information to
promulgate initial designations for the remaining undesignated areas in
the state of Tennessee in this action. Air quality data collected and
submitted to the EPA
[[Page 22890]]
for 2013-2015 for these areas indicate that the areas are attaining the
2012 PM2.5 NAAQS and are not causing or contributing to a
violation of the NAAQS in a nearby area. Therefore, the EPA is
designating the remaining 92 undesignated counties in the state of
Tennessee as unclassifiable/attainment. This designation is consistent
with Tennessee's recommended area designations and boundaries for these
areas for the 2012 PM2.5 standard. The table at the end of
this final rule (amendments to 40 CFR 81.343--Tennessee) lists all
areas for which the EPA has promulgated an initial designation in
Tennessee. There are no areas of Indian country covered by this action.
---------------------------------------------------------------------------
\1\ The 3 previously designated unclassifiable/attainment
counties in the Chattanooga area are Hamilton County, Marion County
and Sequatchie County.
\2\ See also the technical support document for the deferred
Tennessee areas in the rulemaking docket, document numbered EPA-HQ-
OAR-2012-0918-0325.
---------------------------------------------------------------------------
III. Environmental Justice Considerations
When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment, or unclassifiable. The EPA provided a meaningful
opportunity for members of the public to participate in the development
of the 2012 primary annual PM2.5 standard that underlies the
present action, including conducting an outreach and information call
with environmental justice organizations on August 9, 2012.
As part of the process of reviewing the PM air quality criteria and
revising the primary annual PM2.5 standard, the EPA
identified persons from lower socioeconomic strata as an at-risk
population for PM-related health effects. As a result, the EPA
carefully evaluated the potential impacts on low-income and minority
populations. Based on this evaluation and consideration of public
comments, the EPA eliminated spatial averaging provisions as part of
the form of the primary annual PM2.5 standard in order to
avoid potential disproportionate impacts on at-risk populations,
including populations from lower socioeconomics strata. See 78 FR at
3267 (January 15, 2013).
This final action addresses designation determinations for certain
areas in Tennessee based on that 2012 primary annual PM2.5
standard. The CAA requires the EPA to determine through a designation
process whether an area meets or does not meet any new or revised
national primary or secondary ambient air quality standard. The
promulgation of area designations facilitates public understanding and
awareness of the air quality in an area. For this action, the complete
and valid monitoring data from Tennessee indicate that all affected
areas are meeting the NAAQS. Furthermore, no area affected by this
action is contributing to a NAAQS violation in a nearby area.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to promulgate air
quality designations after promulgation of a new or revised NAAQS.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
This designation action under CAA section 107(d) is not subject to
the RFA. The RFA applies only to rules subject to notice and comment
rulemaking requirements under the Administrative Procedure Act (APA), 5
U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA
explicitly provides that designations are exempt from the notice and
comment provisions of the APA. In addition, designations under section
107(d) are not among the list of actions that are subject to the notice
and comment procedures of CAA section 307(d).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action implements mandates specifically and
explicitly set forth in the CAA for the 2012 PM2.5 NAAQS (40
CFR 50.18). The CAA establishes the process whereby states take primary
responsibility for developing plans, where required, to meet the 2012
PM2.5 NAAQS.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
a 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. Areas of Indian country are
not being designated as part of this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section III of
this preamble, ``Environmental Justice Considerations.''
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
L. Judicial Review
Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final
[[Page 22891]]
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the Court of Appeals for the District of
Columbia Circuit: (i) When the agency action consists of ``nationally
applicable regulations promulgated, or final actions taken by the
Administrator,'' or (ii) when such action is locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
This final action, in conjunction with the previous final actions
designating areas across the U.S. for the 2012 annual PM2.5
NAAQS, is ``nationally applicable'' within the meaning of section
307(b)(1). At the core of this final action is the EPA's
interpretations of the definitions of nonattainment, attainment and
unclassifiable under section 107(d)(1) of the CAA, and its application
of those interpretations to areas across the country. For the same
reasons, the Administrator is also determining that the final
designations are of nationwide scope and effect for the purposes of
section 307(b)(1). This is particularly appropriate because, in the
report on the 1977 Amendments that revised section 307(b)(1) of the
CAA, Congress noted that the Administrator's determination that an
action is of ``nationwide scope or effect'' would be appropriate for
any action that has a scope or effect beyond a single judicial circuit.
H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-
03. Here, the scope and effect of this final action extends to numerous
judicial circuits since the designations relate to the designations for
areas across the country. In these circumstances, section 307(b)(1) and
its legislative history calls for the Administrator to find the action
to be of ``nationwide scope or effect'' and for venue to be in the D.C.
Circuit.
Thus, any petitions for review of final designations must be filed
in the Court of Appeals for the District of Columbia Circuit within 60
days from the date final action is published in the Federal Register.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 10, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 81 is
amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Section 81.343 is amended by revising the table entitled
``Tennessee--2012 Annual PM2.5 NAAQS [Primary]'' to read as
follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--2012 Annual PM2.5 NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ ----------------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Statewide:
Anderson County.......... .................... Unclassifiable/
Attainment.
Bedford County........... .................... Unclassifiable/
Attainment.
Benton County............ .................... Unclassifiable/
Attainment.
Bledsoe County........... .................... Unclassifiable/
Attainment.
Blount County............ .................... Unclassifiable/
Attainment.
Bradley County........... .................... Unclassifiable/
Attainment.
Campbell County.......... .................... Unclassifiable/
Attainment.
Cannon County............ .................... Unclassifiable/
Attainment.
Carroll County........... .................... Unclassifiable/
Attainment.
Carter County............ .................... Unclassifiable/
Attainment.
Cheatham County.......... .................... Unclassifiable/
Attainment.
Chester County........... .................... Unclassifiable/
Attainment.
Claiborne County......... .................... Unclassifiable/
Attainment.
Clay County.............. .................... Unclassifiable/
Attainment.
Cocke County............. .................... Unclassifiable/
Attainment.
Coffee County............ .................... Unclassifiable/
Attainment.
Crockett County.......... .................... Unclassifiable/
Attainment.
Cumberland County........ .................... Unclassifiable/
Attainment.
Davidson County.......... .................... Unclassifiable/
Attainment.
Decatur County........... .................... Unclassifiable/
Attainment.
DeKalb County............ .................... Unclassifiable/
Attainment.
Dickson County........... .................... Unclassifiable/
Attainment.
Dyer County.............. .................... Unclassifiable/
Attainment.
Fayette County........... .................... Unclassifiable/
Attainment.
Fentress County.......... .................... Unclassifiable/
Attainment.
Franklin County.......... .................... Unclassifiable/
Attainment.
Gibson County............ .................... Unclassifiable/
Attainment.
Giles County............. .................... Unclassifiable/
Attainment.
Grainger County.......... .................... Unclassifiable/
Attainment.
Greene County............ .................... Unclassifiable/
Attainment.
Grundy County............ .................... Unclassifiable/
Attainment.
Hamblen County........... .................... Unclassifiable/
Attainment.
Hamilton County.......... April 15, 2015...... Unclassifiable/
Attainment.
Hancock County........... .................... Unclassifiable/
Attainment.
[[Page 22892]]
Hardeman County.......... .................... Unclassifiable/
Attainment.
Hardin County............ .................... Unclassifiable/
Attainment.
Hawkins County........... .................... Unclassifiable/
Attainment.
Haywood County........... .................... Unclassifiable/
Attainment.
Henderson County......... .................... Unclassifiable/
Attainment.
Henry County............. .................... Unclassifiable/
Attainment.
Hickman County........... .................... Unclassifiable/
Attainment.
Houston County........... .................... Unclassifiable/
Attainment.
Humphreys County......... .................... Unclassifiable/
Attainment.
Jackson County........... .................... Unclassifiable/
Attainment.
Jefferson County......... .................... Unclassifiable/
Attainment.
Johnson County........... .................... Unclassifiable/
Attainment.
Knox County.............. .................... Unclassifiable/
Attainment.
Lake County.............. .................... Unclassifiable/
Attainment.
Lauderdale County........ .................... Unclassifiable/
Attainment.
Lawrence County.......... .................... Unclassifiable/
Attainment.
Lewis County............. .................... Unclassifiable/
Attainment.
Lincoln County........... .................... Unclassifiable/
Attainment.
Loudon County............ .................... Unclassifiable/
Attainment.
McMinn County............ .................... Unclassifiable/
Attainment.
McNairy County........... .................... Unclassifiable/
Attainment.
Macon County............. .................... Unclassifiable/
Attainment.
Madison County........... .................... Unclassifiable/
Attainment.
Marion County............ April 15, 2015...... Unclassifiable/
Attainment.
Marshall County.......... .................... Unclassifiable/
Attainment.
Maury County............. .................... Unclassifiable/
Attainment.
Meigs County............. .................... Unclassifiable/
Attainment.
Monroe County............ .................... Unclassifiable/
Attainment.
Montgomery County........ .................... Unclassifiable/
Attainment.
Moore County............. .................... Unclassifiable/
Attainment.
Morgan County............ .................... Unclassifiable/
Attainment.
Obion County............. .................... Unclassifiable/
Attainment.
Overton County........... .................... Unclassifiable/
Attainment.
Perry County............. .................... Unclassifiable/
Attainment.
Pickett County........... .................... Unclassifiable/
Attainment.
Polk County.............. .................... Unclassifiable/
Attainment.
Putnam County............ .................... Unclassifiable/
Attainment.
Rhea County.............. .................... Unclassifiable/
Attainment.
Roane County............. .................... Unclassifiable/
Attainment.
Robertson County......... .................... Unclassifiable/
Attainment.
Rutherford County........ .................... Unclassifiable/
Attainment.
Scott County............. .................... Unclassifiable/
Attainment.
Sequatchie County........ April 15, 2015...... Unclassifiable/
Attainment.
Sevier County............ .................... Unclassifiable/
Attainment.
Shelby County............ .................... Unclassifiable/
Attainment.
Smith County............. .................... Unclassifiable/
Attainment.
Stewart County........... .................... Unclassifiable/
Attainment.
Sullivan County.......... .................... Unclassifiable/
Attainment.
Sumner County............ .................... Unclassifiable/
Attainment.
Tipton County............ .................... Unclassifiable/
Attainment.
Trousdale County......... .................... Unclassifiable/
Attainment.
Unicoi County............ .................... Unclassifiable/
Attainment.
Union County............. .................... Unclassifiable/
Attainment.
Van Buren County......... .................... Unclassifiable/
Attainment.
Warren County............ .................... Unclassifiable/
Attainment.
Washington County........ .................... Unclassifiable/
Attainment.
Wayne County............. .................... Unclassifiable/
Attainment.
Weakley County........... .................... Unclassifiable/
Attainment.
White County............. .................... Unclassifiable/
Attainment.
Williamson County........ .................... Unclassifiable/
Attainment.
Wilson County............ .................... Unclassifiable/
Attainment.
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, if any, except as otherwise specified.
\2\ This date is June 19, 2017, unless otherwise noted.
[[Page 22893]]
* * * * *
[FR Doc. 2017-10245 Filed 5-18-17; 8:45 am]
BILLING CODE 6560-50-P