Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia; Redesignation of the Rome, Georgia, 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment; Correction, 12341-12343 [2015-05071]
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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
described via Marine Safety Radio
Broadcast on VHF–FM marine band
radio, channel 22A (157.1 MHZ).
Requirements may include, but are not
limited to, the use of convoys,
restrictions on shaft horsepower, and
hull type restrictions, dependent on the
prevailing ice conditions and vessel
type.
(2) Persons desiring to transit in the
safety zone not meeting the
requirements established by the COTP
Baltimore must contact the COTP
Baltimore or his designated
representative at telephone number
410–576–2693 or on VHF–FM channel
16 (156.8 MHZ) to seek permission prior
to transiting the area. If permission is
granted, all persons and vessels shall
comply with the instructions of the
COTP Baltimore or his designated
representative.
(3) The Coast Guard vessels enforcing
this safety zone can be contacted on
VHF–FM marine band radio channel 16
(156.8 MHZ). Upon being hailed by a
U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel
operating under the authority of the
COTP Baltimore, by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed. The COTP Baltimore and his
designated representatives can be
contacted at telephone number 410–
576–2693.
(4) The COTP Baltimore or his
designated representative will notify the
public of any changes in the status of
this safety zone by Marine Safety Radio
Broadcast on VHF–FM marine band
radio channel 22A (157.1 MHZ).
(c) Definitions. As used in this
section:
Captain of the Port Baltimore means
the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port Baltimore to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from February 17, 2015
until April 15, 2015.
Dated: February 17, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2015–05475 Filed 3–6–15; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0037]
Drawbridge Operation Regulations;
Narrow Bay, Suffolk County, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the operation of
the Smith Point Bridge across Narrow
Bay, mile 6.1, at Suffolk County, New
York. This deviation is necessary to
provide public safety during a public
event, the Smith Point Triathlon. This
deviation allows the bridge to remain
closed for two hours on Sunday August
2, 2015, to facilitate the Smith Point
Triathlon.
SUMMARY:
This deviation is effective from
7 a.m. through 9 a.m. on August 2, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0037] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Ms. Judy K.
Leung-Yee, Project Officer, First Coast
Guard District, telephone (212) 514–
4330, judy.k.leung-yee@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The Smith
Point Bridge across Narrow Bay, mile
6.1, at Suffolk County, New York, has a
vertical clearance in the closed position
of 18 feet at mean high water and 19 feet
at mean low water. The existing bridge
operating regulations are found at 33
CFR 117.799(d).
The waterway is transited by seasonal
recreational vessels of various sizes.
The Event Power Triathlon
Committee and the owner of the bridge,
Suffolk County Department of Public
Works, Parks Department, requested a
DATES:
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12341
temporary deviation from the normal
operating schedule to facilitate public
safety during the running of the Smith
Point Triathlon.
Under this temporary deviation the
Smith Point Bridge may remain in the
closed position for two hours between
7 a.m. and 9 a.m. on Sunday August 2,
2015.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draw during this
closure may do so at all times. The
bridge may be opened in the event of an
emergency.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–05302 Filed 3–6–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2012–0893; FRL–9923–89–
Region 4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Georgia; Redesignation of
the Rome, Georgia, 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment; Correction
Environmental Protection
Agency.
ACTION: Final rule; correction.
AGENCY:
On May 14, 2014, the
Environmental Protection Agency (EPA)
published a final rule to approve a
request submitted on June 21, 2012, by
the Georgia Department of Natural
Resources, through Georgia
Environmental Protection Division, to
redesignate the Rome, Georgia, fine
particulate matter (PM2.5) nonattainment
area (hereafter referred to as the ‘‘Rome
Area’’ or ‘‘Area’’) to attainment for the
1997 Annual PM2.5 National Ambient
SUMMARY:
E:\FR\FM\09MRR1.SGM
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12342
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
Air Quality Standards (NAAQS). This
action corrects an inadvertent error in
the preamble of EPA’s May 14, 2014,
final rule related to the redesignation of
the Rome Area for the 1997 Annual
PM2.5 NAAQS.
DATES: This action is effective March 9,
2015.
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 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section (formerly the
Regulatory Development Section), Air
Planning and Implementation Branch
(formerly the 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.
Bell may be reached by phone at (404)
562–9088 or via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects an error in the preamble
of EPA’s May 14, 2014, final rule related
to the redesignation of the Rome Area
for the 1997 Annual PM2.5 NAAQS. See
79 FR 27493. The Rome Area is
comprised of one county, Floyd County,
in Georgia. In the ‘‘Final Action’’ section
of the preamble at 79 FR 27495, EPA
inadvertently stated that the final rule
was changing the legal designation of
‘‘Bibb County and a portion of Monroe
County’’ to attainment for the 1997
Annual PM2.5 NAAQS. EPA is now
correcting that inadvertent error in the
preamble by replacing the phrase ‘‘Bibb
County and a portion of Monroe
County’’ with ‘‘Floyd County.’’ The
regulatory text associated with the May
14, 2014, final rule at 40 CFR 52.570
and 81.311 correctly identifies ‘‘Floyd
County’’ as the redesignated county
associated with the Rome Area. See 79
FR 27496.
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 procedures are unnecessary
for today’s action because this action
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merely corrects the aforementioned
inadvertent error in the preamble of
EPA’s May 14, 2014, final rule and has
no substantive impact on EPA’s May 14,
2014, action. In addition, EPA can
identify no particular reason why the
public would be interested in having the
opportunity to comment on the
correction prior to this action being
finalized because this correction does
not change or reopen EPA’s
redesignation of the Rome Area for the
1997 Annual PM2.5 NAAQS.
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 action,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the action takes effect.
Rather, today’s action merely corrects
the inadvertent error identified above.
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.
IV. 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 imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this action
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
action merely corrects an inadvertent
error in the preamble to EPA’s May 14,
2014, final rulemaking, 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).
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In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000) nor will it impose
substantial direct costs on tribal
governments or preempt tribal law. 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 does not
alter the relationship or the distribution
of power and responsibilities
established in the Clean Air Act (CAA).
This action 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 action 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 action 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 action 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 May 8, 2015. Filing a petition
for reconsideration by the Administrator
of this final action does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, and Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 13, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2015–05071 Filed 3–6–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0444; FRL 9924–16–
Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a portion of the July 20, 2012,
State Implementation Plan (SIP)
submission, provided by the North
Carolina Department of Environment
and Natural Resources (NC DENR),
Division of Air Quality (NCDAQ) for
inclusion into the North Carolina SIP.
This final action pertains to the Clean
Air Act (CAA or the Act) infrastructure
requirements for the 2008 Lead national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. NCDAQ certified
that the North Carolina SIP contains
provisions that ensure the 2008 Lead
NAAQS is implemented, enforced, and
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SUMMARY:
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maintained in North Carolina. With the
exception of provisions pertaining to
prevention of significant deterioration
(PSD) permitting and state board
requirements, EPA is taking final action
to approve North Carolina’s
infrastructure SIP submission, provided
to EPA on July 20, 2012, because it
addresses the required infrastructure
elements for the 2008 Lead NAAQS.
DATES: This rule is effective on April 8,
2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0444. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Zuri
Farngalo, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9152.
Mr. Farngalo can be reached via
electronic mail at farngalo.zuri@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
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12343
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
maintenance, and enforcement of a new
or revised NAAQS within three years
following the promulgation of such
NAAQS, or within such shorter period
as EPA may prescribe. These SIP
submissions are commonly referred to
as ‘‘infrastructure’’ SIP submissions.
Section 110(a) imposes the obligation
upon states to make an infrastructure
SIP submission to EPA for a new or
revised NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the infrastructure SIP for a
new or revised NAAQS affect the
content of the submission. The contents
of such infrastructure SIP submissions
may also vary depending upon what
provisions the state’s existing SIP
already contains. In the case of the 2008
Lead NAAQS, states typically have met
the basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with
previous lead NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for infrastructure SIP requirements
related to a newly established or revised
NAAQS. As mentioned above, these
requirements include basic structural
SIP elements such as modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. The
applicable infrastructure SIP
requirements that are the subject of this
rulemaking are listed below.1
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the
nonattainment area plan requirements are due
pursuant to other provisions of the CAA for
submission of SIP revisions specifically applicable
for attainment planning purposes. These
requirements are: (1) Submissions required by
section 110(a)(2)(C) to the extent that subsection
refers to a permit program as required in part D
Title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D,
Title I of the CAA. Today’s proposed rulemaking
does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning
requirements of 110(a)(2)(C).
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Agencies
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12341-12343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05071]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0893; FRL-9923-89-Region 4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of
the Rome, Georgia, 1997 Annual Fine Particulate Matter Nonattainment
Area to Attainment; Correction
AGENCY: Environmental Protection Agency.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On May 14, 2014, the Environmental Protection Agency (EPA)
published a final rule to approve a request submitted on June 21, 2012,
by the Georgia Department of Natural Resources, through Georgia
Environmental Protection Division, to redesignate the Rome, Georgia,
fine particulate matter (PM2.5) nonattainment area
(hereafter referred to as the ``Rome Area'' or ``Area'') to attainment
for the 1997 Annual PM2.5 National Ambient
[[Page 12342]]
Air Quality Standards (NAAQS). This action corrects an inadvertent
error in the preamble of EPA's May 14, 2014, final rule related to the
redesignation of the Rome Area for the 1997 Annual PM2.5
NAAQS.
DATES: This action is effective March 9, 2015.
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
a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section (formerly the Regulatory Development Section), Air
Planning and Implementation Branch (formerly the 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. Bell may be reached by phone at (404) 562-9088 or via
electronic mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects an error in the
preamble of EPA's May 14, 2014, final rule related to the redesignation
of the Rome Area for the 1997 Annual PM2.5 NAAQS. See 79 FR
27493. The Rome Area is comprised of one county, Floyd County, in
Georgia. In the ``Final Action'' section of the preamble at 79 FR
27495, EPA inadvertently stated that the final rule was changing the
legal designation of ``Bibb County and a portion of Monroe County'' to
attainment for the 1997 Annual PM2.5 NAAQS. EPA is now
correcting that inadvertent error in the preamble by replacing the
phrase ``Bibb County and a portion of Monroe County'' with ``Floyd
County.'' The regulatory text associated with the May 14, 2014, final
rule at 40 CFR 52.570 and 81.311 correctly identifies ``Floyd County''
as the redesignated county associated with the Rome Area. See 79 FR
27496.
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 procedures are unnecessary
for today's action because this action merely corrects the
aforementioned inadvertent error in the preamble of EPA's May 14, 2014,
final rule and has no substantive impact on EPA's May 14, 2014, action.
In addition, EPA can identify no particular reason why the public would
be interested in having the opportunity to comment on the correction
prior to this action being finalized because this correction does not
change or reopen EPA's redesignation of the Rome Area for the 1997
Annual PM2.5 NAAQS.
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
action, however, does not create any new regulatory requirements such
that affected parties would need time to prepare before the action
takes effect. Rather, today's action merely corrects the inadvertent
error identified above. 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.
IV. 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
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this action 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 action merely corrects an inadvertent error in the preamble to
EPA's May 14, 2014, final rulemaking, 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it
impose substantial direct costs on tribal governments or preempt tribal
law. 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 does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This action 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 action 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 action 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 action 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 May 8, 2015. Filing a petition for
reconsideration by the Administrator of this final action does not
affect the finality of this action for the purposes of judicial review
nor does it extend the
[[Page 12343]]
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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Particulate matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 13, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2015-05071 Filed 3-6-15; 8:45 am]
BILLING CODE 6560-50-P