Federal Management Regulation; Real Property Policies Update; Technical Amendment, 5942-5943 [E7-2066]

Download as PDF 5942 Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Rules and Regulations cprice-sewell on PROD1PC72 with RULES rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the State Plan should adverse comments be filed. This rule will be effective April 9, 2007 without further notice unless the Agency receives adverse comments by March 12, 2007. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on April 9, 2007 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on any paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this rule 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 approves state law as meeting Federal requirements 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 approves pre-existing requirements under state law 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, VerDate Aug<31>2005 13:42 Feb 07, 2007 Jkt 211001 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 approves a state rule implementing a Federal standard, 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 reviewing 111(d)/129 plan submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a 111(d)/129 plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan submission that otherwise satisfies the provisions of the CAA. 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 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. 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. This rule 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 circuit by April 9, 2007. 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 rule may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control. Dated: January 19, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. Chapter I, title 40 of the Code of Federal Regulation is amended as follows: I PART 62—[AMENDED] 1. The authority citation for part 62 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart K—Florida 2. Subpart K is amended by adding an undesignated center heading and § 62.2390 to read as follows: I Air Emissions From Small Municipal Waste Combustion (SMWC) Units— Section 111(d)/129 Plan § 62.2390 Identification of sources. The Plan applies to existing Small Municipal Waste Combustion Units that Commenced Construction On or Before August 30, 1999. [FR Doc. E7–2117 Filed 2–7–07; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–76 [FMR Amendment 2005–03; FMR Case 2005–102–8; Docket 2007–0001, Sequence 2] RIN 3090–AI17 Federal Management Regulation; Real Property Policies Update; Technical Amendment Office of Governmentwide Policy, General Services Administration. ACTION: Final rule. AGENCY: SUMMARY: This document amends the Federal Management Regulation (FMR) to correct an omission from the E:\FR\FM\08FER1.SGM 08FER1 Federal Register / Vol. 72, No. 26 / Thursday, February 8, 2007 / Rules and Regulations amended final rule that was published in the Federal Register at 71 FR 52498, September 6, 2006. The original final rule, which was published initially in the Federal Register at 70 FR 67786, November 8, 2005, broadly applied GSA’s accessibility standards to the design, construction and alteration of buildings subject to the Architectural Barriers Act (other than residential structures subject to the Architectural Barriers Act and facilities of the Department of Defense and the Postal Service), as provided by statute. When the implementation dates for the accessibility standards were amended on September 6, 2006, the amendment inadvertently deleted reference to facilities other than those that were Federally-owned or leased. Accordingly, this final rule corrects this oversight. Except as expressly modified by this final rule, all other terms and conditions of the Architectural Barriers Act standards remain in full force and effect. DATES: Effective Date: February 8, 2007. The Regulatory Secretariat, Room 4035, GSA Building, 1800 F Street, NW., Washington, DC 20405, (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Stanley C. Langfeld, Director, Regulations cprice-sewell on PROD1PC72 with RULES FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 13:42 Feb 07, 2007 Jkt 211001 Management Division, General Services Administration, at (202) 501–1737, or by e-mail at stanley.langfeld@gsa.gov. Please cite FMR Case 2005–102–8, Amendment 2005–03, Technical Amendment. List of Subjects in 41 CFR Part 102–76 Federal buildings and facilities. Dated: January 25, 2007 Lurita Doan, Administrator of General Services. For the reasons set forth in the preamble, GSA amends 41 CFR chapter 102 as set forth below: I PART 102–76—DESIGN AND CONSTRUCTION 1. The authority citation for 41 CFR part 102–76 is revised to read as follows: I Authority: 40 U.S.C. 121(c) (in furtherance of the Administrator’s authorities under 40 U.S.C. 3301–3315 and elsewhere as included under 40 U.S.C. 581 and 583); 42 U.S.C. 4152; E.O. 12411, 48 FR 13391, 3 CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340. 2. Amend section 102–76.5 by adding a sentence to the end of the section to read as follows: I § 102–76.5 What is the scope of this part? * * * The accessibility standards in Subpart C of this part apply to Federal PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 5943 agencies and other entities whose facilities are subject to the Architectural Barriers Act. I 3. Amend section 102–76.65 by revising the second sentence in the introductory text of paragraph (a) and paragraph (a)(1) to read as follows: § 102–76.65 What standards must facilities subject to the Architectural Barrier Act meet? (a) * * * Facilities subject to the Architectural Barriers Act (other than facilities described in paragraphs (b) and (c) of this section) must comply with ABAAS as set forth below: (1) For construction or alteration of facilities subject to the Architectural Barriers Act (other than Federal leaseconstruction and other lease actions described in paragraphs (a)(2) and (3), respectively, of this section), compliance with ABAAS is required if the construction or alteration commenced after May 8, 2006. If the construction or alteration of such a facility commenced on or before May 8, 2006, compliance with the Uniform Federal Accessibility Standards (UFAS) is required. * * * * * [FR Doc. E7–2066 Filed 2–7–07; 8:45 am] BILLING CODE 6820–RH–S E:\FR\FM\08FER1.SGM 08FER1

Agencies

[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Rules and Regulations]
[Pages 5942-5943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2066]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-76

[FMR Amendment 2005-03; FMR Case 2005-102-8; Docket 2007-0001, Sequence 
2]
RIN 3090-AI17


Federal Management Regulation; Real Property Policies Update; 
Technical Amendment

AGENCY:  Office of Governmentwide Policy, General Services 
Administration.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  This document amends the Federal Management Regulation (FMR) 
to correct an omission from the

[[Page 5943]]

amended final rule that was published in the Federal Register at 71 FR 
52498, September 6, 2006. The original final rule, which was published 
initially in the Federal Register at 70 FR 67786, November 8, 2005, 
broadly applied GSA's accessibility standards to the design, 
construction and alteration of buildings subject to the Architectural 
Barriers Act (other than residential structures subject to the 
Architectural Barriers Act and facilities of the Department of Defense 
and the Postal Service), as provided by statute. When the 
implementation dates for the accessibility standards were amended on 
September 6, 2006, the amendment inadvertently deleted reference to 
facilities other than those that were Federally-owned or leased. 
Accordingly, this final rule corrects this oversight. Except as 
expressly modified by this final rule, all other terms and conditions 
of the Architectural Barriers Act standards remain in full force and 
effect.

DATES: Effective Date: February 8, 2007.

FOR FURTHER INFORMATION CONTACT:  The Regulatory Secretariat, Room 
4035, GSA Building, 1800 F Street, NW., Washington, DC 20405, (202) 
501-4755, for information pertaining to status or publication 
schedules. For clarification of content, contact Mr. Stanley C. 
Langfeld, Director, Regulations Management Division, General Services 
Administration, at (202) 501-1737, or by e-mail at 
stanley.langfeld@gsa.gov. Please cite FMR Case 2005-102-8, Amendment 
2005-03, Technical Amendment.

List of Subjects in 41 CFR Part 102-76

    Federal buildings and facilities.

    Dated: January 25, 2007
Lurita Doan,
Administrator of General Services.

0
For the reasons set forth in the preamble, GSA amends 41 CFR chapter 
102 as set forth below:

PART 102-76--DESIGN AND CONSTRUCTION

0
1. The authority citation for 41 CFR part 102-76 is revised to read as 
follows:

    Authority:  40 U.S.C. 121(c) (in furtherance of the 
Administrator's authorities under 40 U.S.C. 3301-3315 and elsewhere 
as included under 40 U.S.C. 581 and 583); 42 U.S.C. 4152; E.O. 
12411, 48 FR 13391, 3 CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 
18453, 3 CFR, 1985 Comp., p. 340.
0
2. Amend section 102-76.5 by adding a sentence to the end of the 
section to read as follows:


Sec.  102-76.5  What is the scope of this part?

    * * * The accessibility standards in Subpart C of this part apply 
to Federal agencies and other entities whose facilities are subject to 
the Architectural Barriers Act.
0
3. Amend section 102-76.65 by revising the second sentence in the 
introductory text of paragraph (a) and paragraph (a)(1) to read as 
follows:


Sec.  102-76.65  What standards must facilities subject to the 
Architectural Barrier Act meet?

    (a) * * * Facilities subject to the Architectural Barriers Act 
(other than facilities described in paragraphs (b) and (c) of this 
section) must comply with ABAAS as set forth below:
    (1) For construction or alteration of facilities subject to the 
Architectural Barriers Act (other than Federal lease-construction and 
other lease actions described in paragraphs (a)(2) and (3), 
respectively, of this section), compliance with ABAAS is required if 
the construction or alteration commenced after May 8, 2006. If the 
construction or alteration of such a facility commenced on or before 
May 8, 2006, compliance with the Uniform Federal Accessibility 
Standards (UFAS) is required.
* * * * *
[FR Doc. E7-2066 Filed 2-7-07; 8:45 am]
BILLING CODE 6820-RH-S