Approval and Promulgation of Implementation Plans Georgia: State Implementation Plan Revision; Correction, 52470-52472 [2010-21114]
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52470
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 25, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 11, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e), is amended by
adding a new entry for the ‘‘Paducah 8Hour Ozone Attainment/1–Hour Ozone
Maintenance Plan Section 110(a)(1)’’ at
the end of the table to read as follows:
■
§ 52.920
*
PART 52—[AMENDED]
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable geographic
or nonattainment area
Name of SIP provision
*
*
*
*
Paducah 8-Hour Ozone Attainment/1-Hour Ozone Marshall and Livingston
Maintenance Plan Section 110(a)(1).
Counties.
State submittal
date/effective date
EPA approval date
*
May 27, 2008 ...............
*
August 26, 2010 [insert
citation of publication].
BILLING CODE 6560–50–P
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–21107 Filed 8–25–10; 8:45 am]
Ms.
Lynorae Benjamin, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Benjamin can be reached at 404–562–
9040, or via electronic mail at
benjamin.lynorae@epa.gov.
40 CFR Part 52
[EPA–R04–OAR–2007–0113–200709(c);
FRL–9193–5]
Approval and Promulgation of
Implementation Plans Georgia: State
Implementation Plan Revision;
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
On February 9, 2010, EPA
published a direct final rule approving
revisions to the Georgia State
Implementation Plan submitted by the
Georgia Environmental Protection
Division on September 26, 2006, with a
clarifying revision submitted on
November 6, 2006. This action corrects
a typographical error in the regulatory
text in Table (c) of the aforementioned
Federal Register notice.
DATES: This action is effective August
26, 2010.
ADDRESSES: Copies of the
documentation used in the action being
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
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SUMMARY:
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This
action corrects a typographical error in
the regulatory language for an entry that
appears in Table (c) of Georgia’s
Identification of Plan section at 40 CFR
52.570. The direct final action which
approved the addition of new rule
391–3–1–.02(2)(rrr), ‘‘NOX Emissions
from Small Fuel-Burning Equipment,’’
was approved by EPA on February 9,
2010 (75 FR 6309). However, EPA
inadvertently listed new rule (rrr) as
being revised, rather than added as a
new entry, in Table (c). Therefore, EPA
is correcting this typographical error by
clarifying that rule 391–3–1–.02(2)(rrr)
is being added as a new entry to Table
(c)—EPA Approved Georgia
Regulations.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
SUPPLEMENTARY INFORMATION:
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Explanation
*
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to clarify the
addition of new rule
391–3–1–.02(2)(rrr), in Table (c) of the
rulemaking, has no substantive impact
on EPA’s February 9, 2010, approval of
this regulation. In addition, EPA can
identify no particular reason why the
public would be interested in being
notified of the correction of this table
entry, or in having the opportunity to
comment on the correction prior to this
action being finalized, since this
correction action does not change the
meaning of EPA’s analysis or action to
approve the addition of rule
391–3–1–.–2(2)(rrr) to the Georgia SIP.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s rule
merely corrects a typographical error in
E:\FR\FM\26AUR1.SGM
26AUR1
52471
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations
Table (c) of a prior rule by clarifying the
addition, rather than the revision, of
rule 391–3–1–.02(2)(rrr), which EPA
approved on February 9, 2010. For these
reasons, EPA finds good cause under
APA section 553(d)(3) for this correction
to become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects a
typographical error in Table (c) of a
prior rule by identifying the addition of
new rule 391–3–1–.02(2)(rrr), in a
regulation which EPA approved on
February 9, 2010, and imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule merely corrects an inadvertent error
in Table (c) of a prior rule, and does not
impose any additional enforceable duty
beyond that required by state law, it
does not contain any unfunded mandate
or significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
corrects a typographical error in Table
(c) of a prior rule by identifying the
addition of new rule 391–3–1–
.02(2)(rrr), in a regulation which EPA
approved on February 9, 2010, and does
not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act (CAA). This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant. In addition, this rule does
not involve technical standards, thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 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 action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 25, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 16, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c) is amended by
adding an entry for
‘‘391–3–1–.02(2)(rrr)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
Title/subject
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*
*
*
391–3–1–.02(2)(rrr) ................. NOX Emissions from Small
Fuel-Burning Equipment.
*
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20:57 Aug 25, 2010
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State effective
date
*
3/27/06
*
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EPA approval date
*
*
8/26/10 [Insert citation of publication].
*
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Explanation
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52472
*
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations
*
*
*
*
[FR Doc. 2010–21114 Filed 8–25–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 95
[ET Docket No. 06–135; FCC 10–128]
Spectrum Requirements for Advanced
Medical Technologies
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule.
This document addresses a
petition for reconsideration (petition)
filed by Medtronic, Inc. (Medtronic)
regarding rules for the Medical Device
Radiocommunication (MedRadio)
service. The Commission grants
reconsideration to the extent of
amending the MedRadio rules to permit
the submission of average power
transmitter measurements, and making
editorial corrections or clarifications to
several provisions concerning the
frequency monitoring criteria and
permissible communications for ‘‘listenbefore-talk’’ (LBT) and non-LBT devices.
The Commission denies reconsideration
in all other respects and otherwise
affirms certain provisions of the
MedRadio rules questioned by
Medtronic.
SUMMARY:
DATES:
Effective September 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Mark Settle, (202) 418–1569 or Gary
Thayer, Policy and Rules Division,
Office of Engineering and Technology,
(202) 418–2290, Mark.Settle@fcc.gov or
Gary.Thayer@fcc.gov.
This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 06–135, adopted July 15,
2010, and released July 26, 2010. The
full text of this document is available on
the Commission’s Internet site at
https://www.fcc.gov. It is also available
for inspection and copying during
regular business hours in the FCC
Reference Center (Room CY–A257), 445
12th Street, SW., Washington, DC
20554. The full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St., SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; e-mail
FCC@BCPIWEB.COM.
mstockstill on DSKH9S0YB1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
20:57 Aug 25, 2010
Jkt 220001
Summary of the Memorandum Opinion
and Order
1. The Commission addresses a
petition for reconsideration (petition)
filed by Medtronic, Inc. (Medtronic)
regarding rules for the Medical Device
Radio-communication (MedRadio)
service. The Commission granted
reconsideration to the extent of
amending the MedRadio rules to permit
the submission of average power
transmitter measurements, and making
editorial corrections or clarifications to
several provisions concerning the
frequency monitoring criteria and
permissible communications for ‘‘listenbefore-talk’’ (LBT) and non-LBT devices.
The Commission denied reconsideration
in all other respects and otherwise
affirmed certain provisions of the
MedRadio rules questioned by
Medtronic.
2. The Commission established the
MedRadio service under part 95 of the
rules by Report and Order (MedRadio
Order), see 74 FR 22696, May 14, 2009.
Altogether, the MedRadio service
provides a total of five megahertz of
contiguous spectrum for advanced
wireless medical radiocommunication
devices serving a diverse range of
diagnostic and therapeutic purposes in
humans. In the MedRadio Order, the
Commission also adopted service and
technical rules governing the operation
of medical radiocommunication devices
used in the MedRadio service. Building
upon the former Medical Implant
Communications Service (MICS)—
which limited operation to implanted
medical devices—the more flexible
MedRadio rules accommodate bodyworn as well as implanted medical
devices, including those using either
LBT or non-LBT spectrum access
methods. The MedRadio service
incorporates the MICS ‘‘core’’ band at
402–405 MHz—which continues to be
limited to implanted devices—and also
includes two megahertz of newly
designated spectrum in the adjacent
‘‘wing’’ bands at 401–402 MHz and 405–
406 MHz—in which both body-worn
and implanted devices are permitted.
The MedRadio service continues to
incorporate many of the licensing and
technical requirements that applied to
the legacy MICS.
3. Medtronic requests that the new
MedRadio rules be amended to permit
transmitter power measurements to be
made using average power
instrumentation techniques that were
formerly allowed under the MICS rules.
The former MICS rules stated that
compliance with the maximum
transmitter power limits shall be based
upon measurements using a peak
PO 00000
Frm 00044
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Sfmt 4700
detector function or, alternatively, the
instrumentation techniques set forth in
a particular American National
Standards Institute (ANSI) standard
referenced in the rule. That standard has
been modified by ANSI since adoption
of the MICS rules in 1999 and no longer
includes the specific average power
instrumentation techniques cited by
Medtronic. As adopted in the MedRadio
Order, the new rules set forth a
compliance requirement in terms of a
‘‘Commission-approved peak power
technique.’’ Medtronic argues that the
Commission did not propose to delete
these provisions of the MICS rules in
the Notice of Proposed Rulemaking
(MedRadio NPRM) that preceded the
adoption of the MedRadio rules, see 71
FR 43682, August 2, 2006. Medtronic
further asserts that the peak power
requirement as set forth in the rule
adopted in the MedRadio Order would,
in effect, prohibit the use of average
power instrumentation techniques that
were acceptable within the scope of the
former MICS rule. It contends that the
inability to rely upon these average
power techniques for compliance would
require MedRadio devices to reduce
power, and that this, in turn, would be
detrimental to the reliable operation of
existing equipment and adversely affect
the development of new generation
devices. To remedy this concern,
Medtronic recommends that the
Commission reinstate the former MICS
rule provision or, in the alternative,
restore the intent of the prior rule by
substituting text that would permit the
use of average power measurement
techniques. St. Jude Medical agrees with
Medtronic, stating that the effect of the
peak power measurement rule will be to
sharply reduce the range available to
some systems. Biotronik opposes
Medtronic’s request, stating that the
peak power approach adopted in the
MedRadio Order is a more appropriate
technique for MedRadio transmitters
because average power measurements
would allow higher power devices in
the band and, thus, increase the
potential for interference in the band.
4. As a threshold matter, the
Commission addresses Medtronic’s
suggestion that it failed to provide
sufficient notice for modifying the
power measurement provisions. While
the Commission acknowledges that the
MedRadio NPRM did not explicitly
request comment on whether the power
measurement provisions should be
modified, changes to these measurement
provisions are a logical outgrowth of
issues in the MedRadio NPRM that we
did present for comment. More
specifically, the Commission
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Agencies
[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52470-52472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21114]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113-200709(c); FRL-9193-5]
Approval and Promulgation of Implementation Plans Georgia: State
Implementation Plan Revision; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On February 9, 2010, EPA published a direct final rule
approving revisions to the Georgia State Implementation Plan submitted
by the Georgia Environmental Protection Division on September 26, 2006,
with a clarifying revision submitted on November 6, 2006. This action
corrects a typographical error in the regulatory text in Table (c) of
the aforementioned Federal Register notice.
DATES: This action is effective August 26, 2010.
ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Benjamin can be
reached at 404-562-9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects a typographical error
in the regulatory language for an entry that appears in Table (c) of
Georgia's Identification of Plan section at 40 CFR 52.570. The direct
final action which approved the addition of new rule 391-3-
1-.02(2)(rrr), ``NOX Emissions from Small Fuel-Burning
Equipment,'' was approved by EPA on February 9, 2010 (75 FR 6309).
However, EPA inadvertently listed new rule (rrr) as being revised,
rather than added as a new entry, in Table (c). Therefore, EPA is
correcting this typographical error by clarifying that rule 391-3-
1-.02(2)(rrr) is being added as a new entry to Table (c)--EPA Approved
Georgia Regulations.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to clarify the addition of new rule
391-3-1-.02(2)(rrr), in Table (c) of the rulemaking, has no substantive
impact on EPA's February 9, 2010, approval of this regulation. In
addition, EPA can identify no particular reason why the public would be
interested in being notified of the correction of this table entry, or
in having the opportunity to comment on the correction prior to this
action being finalized, since this correction action does not change
the meaning of EPA's analysis or action to approve the addition of rule
391-3-1-.-2(2)(rrr) to the Georgia SIP.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule merely corrects a typographical error in
[[Page 52471]]
Table (c) of a prior rule by clarifying the addition, rather than the
revision, of rule 391-3-1-.02(2)(rrr), which EPA approved on February
9, 2010. For these reasons, EPA finds good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects a typographical error in Table (c) of a prior rule by
identifying the addition of new rule 391-3-1-.02(2)(rrr), in a
regulation which EPA approved on February 9, 2010, and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely corrects an inadvertent error in Table (c) of a prior rule, and
does not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects a typographical
error in Table (c) of a prior rule by identifying the addition of new
rule 391-3-1-.02(2)(rrr), in a regulation which EPA approved on
February 9, 2010, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant. In addition, this rule does not involve technical
standards, thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule also does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 25, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 16, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
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 L--Georgia
0
2. Section 52.570(c) is amended by adding an entry for ``391-3-
1-.02(2)(rrr)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(2)(rrr).............. NOX Emissions from 3/27/06 8/26/10 [Insert
Small Fuel-Burning citation of
Equipment. publication].
* * * * * * *
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[[Page 52472]]
* * * * *
[FR Doc. 2010-21114 Filed 8-25-10; 8:45 am]
BILLING CODE 6560-50-P