Air Plan Approval; Ohio; Redesignation of the Ohio portion of the Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone Standard; Correction, 5787-5788 [2023-01505]

Download as PDF Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. List of Subjects 34 CFR Part 36 Claims, Fraud, Penalties. 34 CFR Part 668 Administrative practice and procedure, Aliens, Colleges and universities, Consumer protection, Grant programs—education, Loan programs—education, Reporting and recordkeeping requirements, Selective Service System, Student aid, Vocational education. ■ Miguel Cardona, Secretary of Education. ■ For the reasons discussed in the preamble, the Secretary amends parts 36 and 668 of title 34 of the Code of Federal Regulations as follows: § 36.2 5787 PART 36—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 1. The authority citation for part 36 continues to read as follows: Authority: 20 U.S.C. 1221e–3 and 3474; 28 U.S.C. 2461 note, as amended by § 701 of Pub. Law 114–74, unless otherwise noted. 2. Section 36.2 is amended by revising the table to the section to read as follows: * Penalty adjustment. * * * * TABLE 1 TO § 36.2—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS Description 20 U.S.C. 1015(c)(5) (section 131(c)(5) of the Higher Education Act of 1965 (HEA)). 20 U.S.C. 1022d(a)(3) (section 205(a)(3) of the HEA). Provides for a fine, as set by Congress in 1998, of up to $25,000 for failure by an institution of higher education (IHE) to provide information on the cost of higher education to the Commissioner of Education Statistics. Provides for a fine, as set by Congress in 2008, of up to $27,500 for failure by an IHE to provide information to the State and the public regarding its teacherpreparation programs. Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for violations by lenders and guaranty agencies of title IV of the HEA, which authorizes the Federal Family Education Loan Program. Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for an IHE’s violation of title IV of the HEA, which authorizes various programs of student financial assistance. Provides for a civil penalty, as set by Congress in 1994, of up to $1,000 for an educational organization’s failure to disclose certain information to minor students and their parents. Provides for a civil penalty, as set by Congress in 1989, of $10,000 to $100,000 for recipients of Government grants, contracts, etc. that improperly lobby Congress or the executive branch with respect to the award of Government grants and contracts. Provides for a civil penalty, as set by Congress in 1986, of up to $5,000 for false claims and statements made to the Government. 20 U.S.C. 1082(g) (section 432(g) of the HEA). 20 U.S.C. 1094(c)(3)(B) (section 487(c)(3)(B) of the HEA). 20 U.S.C. 1228c(c)(2)(E) (section 429 of the General Education Provisions Act). 31 U.S.C. 1352(c)(1) and (c)(2)(A) ........... 31 U.S.C. 3802(a)(1) and (a)(2) ............... PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS ENVIRONMENTAL PROTECTION AGENCY 3. The authority citation for part 668 continues to read in part as follows: 40 CFR Parts 52 and 81 ■ Authority: 20 U.S.C. 1001–1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c– 1, 1221–3, and 1231a, unless otherwise noted. * * § 668.84 * * * [Amended] 4. Section 668.84 is amended in paragraph (a)(1) introductory text by removing the number ‘‘$62,689’’ and adding, in its place, the number ‘‘$67,544’’. ■ lotter on DSK11XQN23PROD with RULES1 New maximum (and minimum, if applicable) penalty amount Statute [FR Doc. 2023–01596 Filed 1–27–23; 8:45 am] BILLING CODE 4000–01–P VerDate Sep<11>2014 16:22 Jan 27, 2023 Jkt 259001 [EPA–R05–OAR–2021–0949; FRL–9532–03– R5] Air Plan Approval; Ohio; Redesignation of the Ohio portion of the Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone Standard; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: This action corrects an error in a table posted in the June 9, 2022, rule redesignating the Ohio portion of the Cincinnati, Ohio-Kentucky area to attainment of the 2015 ozone National Ambient Air Quality Standard (NAAQS). The table contained motor SUMMARY: PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 $45,429 37,839 67,544 67,544 1,993 23,727 to 237,268 13,508 vehicle emissions budgets (Budgets) for volatile organic compounds (VOC) and oxides of nitrogen (NOX) for the Ohio portion of the Cincinnati OH–KY area. The Budgets table in that action conflicts with the Budgets submitted by Ohio and set forth in the proposed rule. Therefore, EPA is correcting the erroneous table. This correction is effective on January 30, 2023. DATES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2021–0949. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, 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 ADDRESSES: E:\FR\FM\30JAR1.SGM 30JAR1 5788 Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. We recommend that you telephone Olivia Davidson, Environmental Scientist, at (312) 886–0266 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0266, davidson.olivia@epa.gov. EPA published a final rule redesignating the Ohio portion of the Cincinnati area to attainment of the 2015 ozone NAAQS on June 9, 2022 (87 FR 35104). That rule also approved VOC and NOX Budgets for the Ohio portion of the Cincinnati area for transportation conformity purposes. In that rule, EPA erroneously identified the 2015 ozone Budgets as 14.15 and 10.58 tons per day (tpd) for NOX in 2026 and 2035, respectively, and 25.30 and 18.98 tpd for VOC in 2026 and 2035, respectively. The table in that action conflicts with the Budgets submitted by Ohio and set forth in the proposed rule. The Budgets submitted by Ohio are 14.15 and 10.58 tpd for VOC in 2026 and 2035, and 25.30 and 18.98 tpd in 2026 and 2035 for NOX. Therefore, the table is being revised to reflect the correct Budgets. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). lotter on DSK11XQN23PROD with RULES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:22 Jan 27, 2023 Jkt 259001 Statutory and Executive Order Reviews This action is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders (E.O.s) 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-andcomment requirements under the Administrative Procedures Act or any other statute as indicated in the section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). This action will 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 governments, as specified by E.O. 13132 (64 FR 43255, August 10, 1999). In addition, the State Implementation Plan (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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by E.O. 13175 (65 FR 67249, November 9, 2000). This action is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This action is also not subject to E.O. 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This technical correction 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. The action also does not involve special consideration of environmental justice related issues as required by E.O. 12898 (59 FR 7629, February 16, 1994). This action is subject to the Congressional Review Act (CRA), and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of January 30, 2023. This correction to 40 CFR 52 for Ohio is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Correction In FR Doc. 2022–12318, published in the Federal Register on June 9, 2022 (87 FR 35104), on page 35108, in first column, the table entitled ‘‘TABLE 2— 2026 AND 2035 BUDGETS FOR THE OHIO PORTION FOR THE 2015 OZONE NAAQS MAINTENANCE AREA [Tons per summer day, TPSD]’’ is corrected to read: TABLE 2—2026 AND 2035 BUDGETS FOR THE OHIO PORTION FOR THE 2015 OZONE NAAQS MAINTENANCE AREA [Tons per summer day, TPSD] 2026 Budget Pollutant NOX ................................... VOC .................................. I 25.30 14.15 2035 Budget I 18.98 10.58 Dated: January 19, 2023. Debra Shore, Regional Administrator, Region 5. [FR Doc. 2023–01505 Filed 1–27–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2020–0588; FRL–8582–03– OCSPP] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (21–1.5e); Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: EPA issued a final rule in the Federal Register of Friday, December 2, 2022, concerning significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and a Microbial Commercial Activity Notice (MCAN). This document corrects a typographical error in the SUMMARY: E:\FR\FM\30JAR1.SGM 30JAR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5787-5788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01505]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2021-0949; FRL-9532-03-R5]


Air Plan Approval; Ohio; Redesignation of the Ohio portion of the 
Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone 
Standard; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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

SUMMARY: This action corrects an error in a table posted in the June 9, 
2022, rule redesignating the Ohio portion of the Cincinnati, Ohio-
Kentucky area to attainment of the 2015 ozone National Ambient Air 
Quality Standard (NAAQS). The table contained motor vehicle emissions 
budgets (Budgets) for volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) for the Ohio portion of the Cincinnati OH-KY 
area. The Budgets table in that action conflicts with the Budgets 
submitted by Ohio and set forth in the proposed rule. Therefore, EPA is 
correcting the erroneous table.

DATES: This correction is effective on January 30, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0949. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, 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

[[Page 5788]]

the internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either through 
www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays and facility closures 
due to COVID-19. We recommend that you telephone Olivia Davidson, 
Environmental Scientist, at (312) 886-0266 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0266, 
[email protected].

SUPPLEMENTARY INFORMATION: EPA published a final rule redesignating the 
Ohio portion of the Cincinnati area to attainment of the 2015 ozone 
NAAQS on June 9, 2022 (87 FR 35104). That rule also approved VOC and 
NOX Budgets for the Ohio portion of the Cincinnati area for 
transportation conformity purposes. In that rule, EPA erroneously 
identified the 2015 ozone Budgets as 14.15 and 10.58 tons per day (tpd) 
for NOX in 2026 and 2035, respectively, and 25.30 and 18.98 
tpd for VOC in 2026 and 2035, respectively. The table in that action 
conflicts with the Budgets submitted by Ohio and set forth in the 
proposed rule. The Budgets submitted by Ohio are 14.15 and 10.58 tpd 
for VOC in 2026 and 2035, and 25.30 and 18.98 tpd in 2026 and 2035 for 
NOX. Therefore, the table is being revised to reflect the 
correct Budgets.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    This action is not a significant regulatory action subject to 
review by the Office of Management and Budget under Executive Orders 
(E.O.s) 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 
January 21, 2011). This action does not impose an information 
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). Because the agency has made a ``good cause'' finding 
that this action is not subject to notice-and-comment requirements 
under the Administrative Procedures Act or any other statute as 
indicated in the section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). This action will 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 governments, as 
specified by E.O. 13132 (64 FR 43255, August 10, 1999). In addition, 
the State Implementation Plan (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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by E.O. 13175 (65 FR 67249, November 9, 2000). This 
action is not subject to E.O. 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This action is also not 
subject to E.O. 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This technical correction 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. The action also does not involve special 
consideration of environmental justice related issues as required by 
E.O. 12898 (59 FR 7629, February 16, 1994).
    This action is subject to the Congressional Review Act (CRA), and 
EPA will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. Section 808 allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
public procedure is impracticable, unnecessary or contrary to the 
public interest. This determination must be supported by a brief 
statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a 
good cause finding, including the reasons therefore, and established an 
effective date of January 30, 2023. This correction to 40 CFR 52 for 
Ohio is not a ``major rule'' as defined by 5 U.S.C. 804(2).

Correction

    In FR Doc. 2022-12318, published in the Federal Register on June 9, 
2022 (87 FR 35104), on page 35108, in first column, the table entitled 
``Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015 
Ozone NAAQS Maintenance Area [Tons per summer day, TPSD]'' is corrected 
to read:

 Table 2--2026 and 2035 Budgets for the Ohio Portion for the 2015 Ozone
                         NAAQS Maintenance Area
                       [Tons per summer day, TPSD]
------------------------------------------------------------------------
                                                          2026     2035
                       Pollutant                         Budget   Budget
------------------------------------------------------------------------
NOX...................................................    25.30    18.98
VOC...................................................    14.15    10.58
------------------------------------------------------------------------


    Dated: January 19, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-01505 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.