Final Rule on the Treatment of Data Influenced by Exceptional Events; Correction, 28612-28613 [E7-9892]

Download as PDF 28612 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. 33. Alcoholic beverages (except beers). 34. Tobacco; smokers’ articles; matches. Services cprice-sewell on PRODPC61 with RULES 35. Advertising; business management; business administration; office functions. 36. Insurance; financial affairs; monetary affairs; real estate affairs. 37. Building construction; repair; installation services. 38. Telecommunications. 39. Transport; packaging and storage of goods; travel arrangement. 40. Treatment of materials. 41. Education; providing of training; entertainment; sporting and cultural activities. 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. 43. Services for providing food and drink; temporary accommodation. 44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Dated: May 16, 2007. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property, and Director of the United States Patent and Trademark Office. [FR Doc. E7–9764 Filed 5–21–07; 8:45 am] BILLING CODE 3510–16–P VerDate Aug<31>2005 15:01 May 21, 2007 Jkt 211001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 50 [EPA–HQ–OAR–2005–0159; FRL–8316–5] RIN 2060–AN40 Final Rule on the Treatment of Data Influenced by Exceptional Events; Correction Environmental Protection Agency (EPA). ACTION: Correcting Amendments. AGENCY: SUMMARY: The EPA issued a final rule on March 22, 2007, entitled ‘‘Treatment of Data Influenced by Exceptional Events.’’ The rule governs the review and handling of air quality monitoring data determined to be influenced by exceptional events. This document makes minor corrections to language contained in the regulatory text for the rule. EFFECTIVE DATE: This document is effective on May 22, 2007. FOR FURTHER INFORMATION CONTACT: For questions regarding these corrections, contact Mr. Larry Wallace, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Mail Code C539–02, Research Triangle Park, NC 27711, phone number (919) 541–0906 or by e-mail at: wallace.larry@epa.gov. SUPPLEMENTARY INFORMATION: Background The EPA issued the final rule on ‘‘The Treatment of Data Influenced by Exceptional Events’’ on March 22, 2007, 72 FR 13560. Need for Correction As published, the final regulations contain errors which may prove to be misleading and are in need of clarification. EPA finds that there is good cause to make these corrections without providing for notice and comment, and for making these corrections effective immediately upon publication, because neither notice or comment, nor a delayed effective date, is necessary and would not be in the public interest due to the nature of the corrections which are minor, technical, and non-controversial. The final action, without notice and comment, and the immediate effective date for this action is authorized under 5 U.S.C. 553(d)(3)(B) and 553(d)(3) which allows an effective date less than 30 days after publication if ‘‘as otherwise provided by the agency for cause found and published with the rule.’’ As indicated above, the final rule PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 on Exceptional Events was published after notice and comment on March 22, 2007 and becomes effective on May 21, 2007, 60 days from publication. Thus, additional notice and comment for these minor technical corrections is unnecessary under 5 U.S.C. 553(b)(3)(B) and EPA finds that good cause exists for these corrections to become effective immediately. Corrections of Rule In the final rule for ‘‘The Treatment of Data Influenced by Exceptional Events’’, 72 FR 13560, March 22, 2007, correction is being made to the regulatory text of the rule beginning at 40 CFR 50.14(c) and to the title of 40 CFR part 51. This action makes a correction under the section entitled ‘‘Treatment of air quality monitoring data influenced by exceptional events.’’ Under § 50.14(c)(2) entitled ‘‘Schedules and procedures’’, ‘‘Flagging of data’’, change subsection (i) to remove the reference to 40 CFR 58.16 and to read as follows: (i) A State shall notify EPA of its intent to exclude one or more measured exceedances of an applicable ambient air quality standard as being due to an exceptional event by placing a flag in the appropriate field for the data record of concern which has been submitted to the AQS database. The final correction being made to the rule begins on page 13581, column two. Change the title of the section to read as follows: PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS’’ Dated: May 15, 2007. Stephen L. Johnson, Administrator. In consideration of the foregoing, the Environmental Protection Agency amends 40 CFR parts 50 and 51 as follows: I PART 50—NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS 1. The authority citation for part 50 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. 2. Section 50.14 (c)(2)(i) is revised to read as follows: I § 50.14 Treatment of air quality monitoring data influenced by exceptional events. * * * * * (c) * * * (2) Flagging of data. (i) A State shall notify EPA of its intent to exclude one or more measured E:\FR\FM\22MYR1.SGM 22MYR1 28613 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations exceedances of an applicable ambient air quality standard as being due to an exceptional event by placing a flag in the appropriate field for the data record of concern which has been submitted to the AQS database. * * * * * PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS 3. The authority citation for part 50 continues to read as follows: I Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 7671Q. 4. The heading for part 51 is revised to read as set forth above. I [FR Doc. E7–9892 Filed 5–21–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The cprice-sewell on PRODPC61 with RULES State and county Arizona: Coconino (FEMA Docket No.: B– 7467). Greenlee (FEMA Docket No.: B– 7474). VerDate Aug<31>2005 respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: I PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: I Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification City of Flagstaff (05– 09–1103P). December 8, 2005; December 15, 2005; Arizona Daily Sun. March 16, 2006 .............. 040020 Town of Clifton (06– 09–B068P). October 25, 2006; November 1, 2006; The Copper Era. The Honorable Joseph C. Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001. The Honorable David McCullar, Mayor, Town of Clifton, P.O. Box 1415, Clifton, AZ 85533. September 29, 2006 ....... 040035 15:01 May 21, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 Community No.

Agencies

[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28612-28613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9892]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8316-5]
RIN 2060-AN40


Final Rule on the Treatment of Data Influenced by Exceptional 
Events; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting Amendments.

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

SUMMARY: The EPA issued a final rule on March 22, 2007, entitled 
``Treatment of Data Influenced by Exceptional Events.'' The rule 
governs the review and handling of air quality monitoring data 
determined to be influenced by exceptional events. This document makes 
minor corrections to language contained in the regulatory text for the 
rule.

EFFECTIVE DATE: This document is effective on May 22, 2007.

FOR FURTHER INFORMATION CONTACT: For questions regarding these 
corrections, contact Mr. Larry Wallace, U.S. Environmental Protection 
Agency, Office of Air Quality Planning and Standards, Mail Code C539-
02, Research Triangle Park, NC 27711, phone number (919) 541-0906 or by 
e-mail at: wallace.larry@epa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The EPA issued the final rule on ``The Treatment of Data Influenced 
by Exceptional Events'' on March 22, 2007, 72 FR 13560.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and are in need of clarification. EPA finds that there 
is good cause to make these corrections without providing for notice 
and comment, and for making these corrections effective immediately 
upon publication, because neither notice or comment, nor a delayed 
effective date, is necessary and would not be in the public interest 
due to the nature of the corrections which are minor, technical, and 
non-controversial.
    The final action, without notice and comment, and the immediate 
effective date for this action is authorized under 5 U.S.C. 
553(d)(3)(B) and 553(d)(3) which allows an effective date less than 30 
days after publication if ``as otherwise provided by the agency for 
cause found and published with the rule.'' As indicated above, the 
final rule on Exceptional Events was published after notice and comment 
on March 22, 2007 and becomes effective on May 21, 2007, 60 days from 
publication. Thus, additional notice and comment for these minor 
technical corrections is unnecessary under 5 U.S.C. 553(b)(3)(B) and 
EPA finds that good cause exists for these corrections to become 
effective immediately.

Corrections of Rule

    In the final rule for ``The Treatment of Data Influenced by 
Exceptional Events'', 72 FR 13560, March 22, 2007, correction is being 
made to the regulatory text of the rule beginning at 40 CFR 50.14(c) 
and to the title of 40 CFR part 51. This action makes a correction 
under the section entitled ``Treatment of air quality monitoring data 
influenced by exceptional events.'' Under Sec.  50.14(c)(2) entitled 
``Schedules and procedures'', ``Flagging of data'', change subsection 
(i) to remove the reference to 40 CFR 58.16 and to read as follows:

    (i) A State shall notify EPA of its intent to exclude one or 
more measured exceedances of an applicable ambient air quality 
standard as being due to an exceptional event by placing a flag in 
the appropriate field for the data record of concern which has been 
submitted to the AQS database.

    The final correction being made to the rule begins on page 13581, 
column two. Change the title of the section to read as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS''

    Dated: May 15, 2007.
Stephen L. Johnson,
Administrator.

0
In consideration of the foregoing, the Environmental Protection Agency 
amends 40 CFR parts 50 and 51 as follows:

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY 
STANDARDS

0
1. The authority citation for part 50 continues to read as follows:

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


0
2. Section 50.14 (c)(2)(i) is revised to read as follows:


Sec.  50.14  Treatment of air quality monitoring data influenced by 
exceptional events.

* * * * *
    (c) * * *
    (2) Flagging of data.
    (i) A State shall notify EPA of its intent to exclude one or more 
measured

[[Page 28613]]

exceedances of an applicable ambient air quality standard as being due 
to an exceptional event by placing a flag in the appropriate field for 
the data record of concern which has been submitted to the AQS 
database.
* * * * *

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
3. The authority citation for part 50 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671Q.


0
4. The heading for part 51 is revised to read as set forth above.

[FR Doc. E7-9892 Filed 5-21-07; 8:45 am]
BILLING CODE 6560-50-P
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