Technical Amendments to Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Correction of Effective Date Under Congressional Review Act, 54361-54363 [E7-18835]
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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations
[Add two new sentences to the
introductory text at the beginning of
redesignated 10.17.5f as follows:]
601.10.17.5f
Testing Criteria
Packages tested for approval as
Medical Professional Packages may not
be tested using pre-primary containers
that are currently or have previously
been approved as USPS primary
containers. Test reports must identify by
brand name the pre-primary containers
used during testing. * * *
*
*
*
*
*
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E7–18626 Filed 9–24–07; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2007–0174; FRL–8473–1]
Technical Amendments to Approval
and Promulgation of Air Quality
Implementation Plans; Pennsylvania;
Correction of Effective Date Under
Congressional Review Act
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction of
effective date under Congressional
Review Act.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: On July 25, 2007 (72 FR
40746), the EPA published in the
Federal Register a final rule that
approved a request that the Franklin
County nonattainment area (‘‘Franklin
County Area’’ or ‘‘Area’’) be
redesignated as attainment for the 8hour ozone national ambient air quality
standard (NAAQS) and that approved
the maintenance plan and the 2002
base-year emissions inventory as
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA). That July 25, 2007
final rule established an effective date of
July 25, 2007. This document corrects
the effective date of the rule to July 27,
2007 to be consistent with sections 801
and 808 of the Congressional Review
Act, enacted as part of the Small
Business Regulatory Enforcement
Fairness Act, 5 U.S.C. 801 and 808.
EFFECTIVE DATE: This rule is effective on
September 25, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0174. All
documents in the docket are listed in
the www.regulations.gov Web site.
VerDate Aug<31>2005
15:17 Sep 24, 2007
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Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Christopher Cripps, (215) 814–2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 801 of the Congressional
review Act precludes a rule from taking
effect until the agency promulgating the
rule submits a rule report, which
includes a copy of the rule, to each
House of Congress and to the
Comptroller General of the Government
Accountability Office (GAO). After
publication of the July 25, 2007 final
rule (72 FR 40746) EPA discovered that
it had inadvertently failed to submit the
above rule as required; thus, although
the rule was promulgated on July 25,
2007 (72 FR 40746), by operation of law,
the rule did not take effect on July 25,
2007, as stated therein. After EPA
discovered this error, EPA complied
with its obligations under the
Congressional Review Act by submitting
the rule to both Houses of Congress and
the GAO on July 27, 2007. This
document corrects certain dates
displayed in 40 CFR parts 52 and 81 to
reflect the date on which EPA satisfied
the procedural requirements of the
Congressional Review Act.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, an agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s rule final without
prior proposal and opportunity for
comment because EPA merely is
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54361
memorializing in this action that EPA’s
compliance with the congressional
review requirements of the
Congressional Review Act, has as a
matter of law, changed the effective date
of the July 25, 2007 action, and EPA has
no discretion in this matter. Thus,
notice and public procedure are
unnecessary. The Agency finds that this
constitutes good cause under 5 U.S.C.
553(b)(B). Moreover, because today’s
action does not create any new
regulatory requirements and the
submittal of the rule to Congress has, by
operation of law, changed the effective
date of the July 25, 2007 rule to July 27,
which this action merely memorializes,
EPA finds that good cause exists to
provide for an immediate effective date
pursuant to 5 U.S.C. 553(d)(3). Because
the delay in the effective date was
caused by EPA’s inadvertent failure to
submit the rule under the Congressional
Review Act, EPA does not believe that
affected entities that acted in good faith
relying upon the effective date stated in
the July 25, 2007, Federal Register
should be penalized if they were
complying with the rule as
promulgated.
II. Statutory and Executive Order
Reviews
A. General Requirements
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 approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any
new requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources.
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
E:\FR\FM\25SER1.SGM
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54362
Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations
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). Because
this action allows the state to avoid
adopting or implementing other
requirements, affects the status of a
geographical area, or does not impose
any new requirements on sources, this
action 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 action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. 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 approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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 SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission;
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
Name of non-regulatory
SIP revision
the Clean Air Act. Redesignation is an
action that affects the status of a
geographical area and does not impose
any new requirements on sources. 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.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this 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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
This final rule only amends the
effective date of the underlying rule as
promulgated on July 25, 2007 (72 FR
40746); it does not amend any
substantive requirements contained in
the rule. Accordingly, to the extent it is
available, judicial review of today’s final
rule is limited to the amended effective
date. Under section 307(b)(1) of the
Clean Air Act, petitions for judicial
review of this action must be filed in the
United States Court of Appeals for the
appropriate circuit by November 26,
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
Applicable geographic area
State submittal
date
*
*
*
8-Hour Ozone Maintenance
Franklin County Area (FrankPlan and 2002 Base Year
lin County).
Emissions Inventory.
*
9/20/06,
11/08/06
yshivers on PROD1PC62 with RULES
*
*
*
3. Section 52.2037 is amended by
revising paragraph (m) to read as
follows:
I
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40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for the 8-Hour Ozone Maintenance Plan
and the 2002 Base Year Emissions
Inventory for the Franklin County,
Pennsylvania Area to read as follows:
I
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
Sfmt 4700
*
*
Additional explanation
*
*
*
7/25/07, 72 FR 40746 ........... The SIP effective date is
7/27/07.
*
*
List of Subjects
EPA approval date
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action.
This action amending consistent with
the provisions of the Congressional
Review Act the effective date of the July
25, 2007 (72 FR 40746) rule approving
the redesignation of the Franklin County
Area to attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base-year emissions
inventory, and the MVEBs identified in
the maintenance plan, may not be
challenged later in proceedings to
enforce its requirements.
*
*
(m) Determination—EPA has
determined that, as of July 27, 2007, the
Franklin County ozone nonattainment
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54363
Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations
area has attained the 1-hour ozone
standard and that the following
requirements of section 172(c)(2) of the
Clean Air Act do not apply to this area
for so long as the area does not monitor
any violations of the 1-hour ozone
standard of 40 CFR 50.9: the attainment
demonstration and reasonably available
control measure requirements of section
172(b)(1), the reasonable further
progress requirement of section
172(b)(2), and the related contingency
requirements of section 172(c)(9). If a
violation of the 1-hour ozone NAAQS is
monitored in the Franklin County
1-hour ozone nonattainment area, these
determinations shall no longer apply.
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.339, the table entitled
‘‘Pennsylvania-Ozone (8-Hour
Standard)’’ is amended by revising the
entry for the Franklin County, PA Area
to read as follows:
I
PART 81—[AMENDED]
§ 81.339
1. The authority citation for part 81
continues to read as follows:
*
I
*
Pennsylvania.
*
*
*
PENNSYLVANIA—OZONE (8–HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
*
*
Type
*
*
*
*
*
*
*
*
Franklin Co., PA: Franklin County ........................... July 27, 2007 ..................
*
Date 1
*
*
Type
Attainment.
*
a Includes
Indian County located in each county or area, except otherwise noted.
1 This date is June 15, 2004, unless otherwise noted.
*
*
*
*
*
[FR Doc. E7–18835 Filed 9–24–07; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 63
[IB Docket No. 04–47; FCC 07–118]
Modification of the Rules and
Procedures Governing the Provision of
International Telecommunications
Service
Federal Communications
Commission.
ACTION: Final rule.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: In this Report and Order, the
Federal Communications Commission
amends its rules governing the
provision of international
telecommunications service. The
Commission amends the rule regarding
the discontinuance of international
services to reduce the notice period to
30 days. The Commission also clarifies
its rules governing the provision of
international roaming service by U.S.
Commercial Mobile Radio Service
(CMRS) carriers, changes in de jure
control of an international section 214
authorization holder, and the treatment
of asset acquisitions. The Commission
declines, however, to modify its rule
governing the provision of services by a
subsidiary of an international section
214 authorization holder. The
Commission also declines to adopt
changes to its rules governing a CMRS
carrier’s 214 authorization process.
VerDate Aug<31>2005
15:17 Sep 24, 2007
Jkt 211001
However, the Commission does amend
its cable landing license application
rules and application procedures to
require applicants to certify their
compliance with the Coastal Zone
Management Act (CZMA).
DATES: Effective October 25, 2007,
except for the amendments to
§§ 1.767(k)(4), 63.19(a)(1) and (a)(2), and
63.24(c) which contain information
collection requirements that have not
been approved by the Office of
Management and Budget (OMB). The
Commission will publish a document in
the Federal Register announcing the
effective date of these rules. Written
comment by the public on the modified
information collection requirements are
due November 26, 2007.
FOR FURTHER INFORMATION CONTACT:
David Krech, Policy Division,
International Bureau at (202) 418–7443
or Cara Grayer, Policy Division,
International Bureau at (202) 418–2960.
For additional information concerning
the information collection(s) contained
in this document, contact Judith B.
Herman at 202–418–0214, or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in IB Docket No. 04–47, FCC
07–118, adopted June 20, 2007 and
released on June 22, 2007. The full text
of the Report and Order is available for
public inspection and copying during
regular business hours at the
Commission’s Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The document also may be purchased
from the Commission’s duplicating
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or via e-mail
FCC@BCPIWEB.com.
Summary of Report and Order
1. On March 4, 2004, the Commission
released a Notice of Proposed
Rulemaking (NPRM) (Amendment of
Parts 1 and 63 of the Commission’s
Rules, IB Docket No. 04–47, 69 FR
13276, March 22, 2004) seeking
comment on several potential changes
to its international section 214
authorization process and to the rules
relating to the provision of U.S.international telecommunications
services. The Commission sought
comment on whether to: (1) Amend the
procedures for discontinuance of an
international service; (2) amend the
rules to clarify that U.S.-authorized
resale carriers can resell the U.S.inbound international services of either
U.S. carriers or foreign carriers; (3)
amend the rules to allow commonly
controlled subsidiaries to provide
international service under their
parent’s section 214 authorization; (4)
revise the international section 214
requirements placed on Commercial
Mobile Radio Service (CMRS) carriers;
(5) permit a 30-day notification period
for CMRS carriers to provide
international resale service; (6) amend
§ 1.767 of the Commission’s rules
governing procedures for consideration
of applications for cable landing
licenses in order to assure compliance
with the Coastal Zone Management Act
of 1972 (CZMA); and (7) amend the
E:\FR\FM\25SER1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Rules and Regulations]
[Pages 54361-54363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18835]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2007-0174; FRL-8473-1]
Technical Amendments to Approval and Promulgation of Air Quality
Implementation Plans; Pennsylvania; Correction of Effective Date Under
Congressional Review Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date under Congressional
Review Act.
-----------------------------------------------------------------------
SUMMARY: On July 25, 2007 (72 FR 40746), the EPA published in the
Federal Register a final rule that approved a request that the Franklin
County nonattainment area (``Franklin County Area'' or ``Area'') be
redesignated as attainment for the 8-hour ozone national ambient air
quality standard (NAAQS) and that approved the maintenance plan and the
2002 base-year emissions inventory as revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA). That
July 25, 2007 final rule established an effective date of July 25,
2007. This document corrects the effective date of the rule to July 27,
2007 to be consistent with sections 801 and 808 of the Congressional
Review Act, enacted as part of the Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C. 801 and 808.
EFFECTIVE DATE: This rule is effective on September 25, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0174. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 801 of the Congressional review Act precludes a rule from
taking effect until the agency promulgating the rule submits a rule
report, which includes a copy of the rule, to each House of Congress
and to the Comptroller General of the Government Accountability Office
(GAO). After publication of the July 25, 2007 final rule (72 FR 40746)
EPA discovered that it had inadvertently failed to submit the above
rule as required; thus, although the rule was promulgated on July 25,
2007 (72 FR 40746), by operation of law, the rule did not take effect
on July 25, 2007, as stated therein. After EPA discovered this error,
EPA complied with its obligations under the Congressional Review Act by
submitting the rule to both Houses of Congress and the GAO on July 27,
2007. This document corrects certain dates displayed in 40 CFR parts 52
and 81 to reflect the date on which EPA satisfied the procedural
requirements of the Congressional Review Act.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, an agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA merely is
memorializing in this action that EPA's compliance with the
congressional review requirements of the Congressional Review Act, has
as a matter of law, changed the effective date of the July 25, 2007
action, and EPA has no discretion in this matter. Thus, notice and
public procedure are unnecessary. The Agency finds that this
constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, because
today's action does not create any new regulatory requirements and the
submittal of the rule to Congress has, by operation of law, changed the
effective date of the July 25, 2007 rule to July 27, which this action
merely memorializes, EPA finds that good cause exists to provide for an
immediate effective date pursuant to 5 U.S.C. 553(d)(3). Because the
delay in the effective date was caused by EPA's inadvertent failure to
submit the rule under the Congressional Review Act, EPA does not
believe that affected entities that acted in good faith relying upon
the effective date stated in the July 25, 2007, Federal Register should
be penalized if they were complying with the rule as promulgated.
II. Statutory and Executive Order Reviews
A. General Requirements
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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources.
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
[[Page 54362]]
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). Because this
action allows the state to avoid adopting or implementing other
requirements, affects the status of a geographical area, or does not
impose any new requirements on sources, this action 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 action
merely approves a state rule implementing a Federal requirement, and
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. 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 approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
This final rule only amends the effective date of the underlying
rule as promulgated on July 25, 2007 (72 FR 40746); it does not amend
any substantive requirements contained in the rule. Accordingly, to the
extent it is available, judicial review of today's final rule is
limited to the amended effective date. Under section 307(b)(1) of the
Clean Air Act, petitions for judicial review of this action must be
filed in the United States Court of Appeals for the appropriate circuit
by November 26, 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 action amending consistent with the provisions of the
Congressional Review Act the effective date of the July 25, 2007 (72 FR
40746) rule approving the redesignation of the Franklin County Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the 2002 base-year emissions inventory, and the MVEBs identified in the
maintenance plan, may not be challenged later in proceedings to enforce
its requirements.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
revising the entry for the 8-Hour Ozone Maintenance Plan and the 2002
Base Year Emissions Inventory for the Franklin County, Pennsylvania
Area to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan Franklin County 9/20/06, 7/25/07, 72 FR The SIP effective
and 2002 Base Year Emissions Area (Franklin 11/08/06 40746. date is
Inventory. County). 7/27/07.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2037 is amended by revising paragraph (m) to read as
follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(m) Determination--EPA has determined that, as of July 27, 2007,
the Franklin County ozone nonattainment
[[Page 54363]]
area has attained the 1-hour ozone standard and that the following
requirements of section 172(c)(2) of the Clean Air Act do not apply to
this area for so long as the area does not monitor any violations of
the 1-hour ozone standard of 40 CFR 50.9: the attainment demonstration
and reasonably available control measure requirements of section
172(b)(1), the reasonable further progress requirement of section
172(b)(2), and the related contingency requirements of section
172(c)(9). If a violation of the 1-hour ozone NAAQS is monitored in the
Franklin County 1-hour ozone nonattainment area, these determinations
shall no longer apply.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.339, the table entitled ``Pennsylvania-Ozone (8-Hour
Standard)'' is amended by revising the entry for the Franklin County,
PA Area to read as follows:
Sec. 81.339 Pennsylvania.
* * * * *
Pennsylvania--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Franklin Co., PA: Franklin July 27, 2007... Attainment......
County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E7-18835 Filed 9-24-07; 8:45 am]
BILLING CODE 6560-50-P
