40262 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(24) Section 110(a)(2) ....

Infrastructure Requirements for the 1997 8- 

Hour Ozone NAAQS.

Statewide ...................... 12/7/07 7/8/11 ............................

[insert FR page number 

where the document 

begins].

This action addresses the following CAA elements, as applicable: 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2011–17193 Filed 7–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0512; FRL–9430–6] 

Determination of Attainment, Approval 

and Promulgation of Air Quality 

Implementation Plans; Indiana; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: On March 12, 2010, EPA 

published a final rule making a 

determination that the entire ChicagoGary-Lake County, Illinois-Indiana 

(IL-IN) 1997 eight-hour ozone 

nonattainment area has attained the 

1997 eight-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). This action corrects an 

omission in the regulatory text of the 

aforementioned Federal Register 

document. 

DATES: Effective Date: This final rule is 

effective on July 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This action provides a technical 

correction to the regulatory language in 

the final rulemaking published at 75 FR 

12088 on March 12, 2010. In that 

rulemaking, EPA made a determination 

that the entire Chicago-Gary-Lake 

County, IL-IN ozone nonattainment area 

has attained the 1997 eight-hour ozone 

NAAQS. The determination was based 

on complete, quality-assured ambient 

air quality monitoring data for the 

period of 2006–2008. Additional 

background on the applicable NAAQS 

and EPA’s data are contained in the 

September 24, 2009 proposed rule at 74 

FR 48703–48706. 

As published on March 12, 2010, the 

regulatory language contained an 

omission which needs to be corrected. 

Our determination was properly 

codified for the Indiana portion of the 

area (Lake and Porter Counties) in the 

final rule at 75 FR 12089 with the 

addition of 40 CFR 52.777(mm)). 

However, an amendment to 40 CFR 52 

codifying our determination for the 

Illinois portion of the area, Cook, 

DuPage, Kane, Lake, McHenry, and Will 

Counties, and portions of Grundy 

County (Aux Sable and Goose Lake 

Townships) and Kendall County 

(Oswego Township), was inadvertently 

omitted. Therefore, EPA is correcting 

this error by adding paragraph (jj) to 40 

CFR 52.726 for Illinois. 

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 today’s rule final 

without prior proposal and opportunity 

for comment because this rule is not 

substantive and imposes no regulatory 

requirements, but merely corrects an 

omitted 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 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore 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)). 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 Supplementary 

Information 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). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does 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), nor 

will it 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 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

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 rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 


wreier-aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 40263 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under 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. 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 July 8, 

2011. 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 correction to 

40 CFR part 52 for Illinois is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Dated: June 24, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart O—Illinois 

■ 2. Section 52.726 is amended by 

adding paragraph (jj) to read as follows: 

§ 52.726 Control strategy. Ozone. 

* * * * * 

(jj) Determination of attainment. On 

June 5, 2009, the state of Indiana 

requested that EPA find that the Indiana 

portion of the Chicago-Gary-Lake 

County, Illinois-Indiana (IL-IN) ozone 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). After 

review of Indiana’s submission and 

2006–2008 ozone air quality data for 

this ozone nonattainment area, EPA 

finds that the entire Chicago-Gary-Lake 

County, IL-IN area has attained the 1997 

8-hour ozone NAAQS. Therefore, EPA 

has determined, as of March 12, 2010, 

that Cook, DuPage, Kane, Lake, 

McHenry, and Will Counties, and 

portions of Grundy County (Aux Sable 

and Goose Lake Townships) and 

Kendall County (Oswego Township) in 

Illinois have attained the 1997 8-hour 

ozone standard. 

[FR Doc. 2011–17050 Filed 7–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15 and 76 

[CS Docket No. 97–80; PP Docket No. 00– 

67; FCC 10–181] 

Implementation of Section 304 of the 

Telecommunications Act of 1996: 

Commercial Availability of Navigation 

Devices; Compatibility Between Cable 

Systems and Consumer Electronics 

Equipment 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, we adopt 

new rules designed to improve the 

operation of the CableCARD regime 

until a successor solution becomes 

effective. The Commission has not been 

fully successful in implementing the 

command of Section 629 of the 

Communications Act to ensure the 

commercial availability of navigation 

devices used by consumers to access the 

services of multichannel video 

programming distributors (‘‘MVPDs’’). 

The rules adopted in this order are 

intended to bolster support for retail 

CableCARD devices so that consumers 

may access cable services without 

leasing a set-top box from their cable 

operators. 

DATES: Effective August 8, 2011, except 

for §§ 76.1205(b)(1), 76.1205(b)(1)(i), 

76.1205(b)(2), 76.1205(b)(5), and 

76.1602(b), which contain information 

collection requirements that have not 

been approved by OMB. The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing the effective date 

of §§ 76.1205(b)(1), 76.1205(b)(1)(i), 

76.1205(b)(2), 76.1205(b)(5), and 

76.1602(b). 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of August 8, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Brendan Murray, 

Brendan.Murray@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418–2120 

or Alison Neplokh, 

Alison.Neplokh@fcc.gov, of the Media 

Bureau, (202) 418–1083. 

For additional information concerning 

the information collection requirements 

contained in this document, send an email to PRA@fcc.gov or contact Cathy 

Williams on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s (Third 

Report and Order and Order on 

Reconsideration), FCC 10–181, adopted 

and released on October 14, 2010. The 

full text of these documents is available 

for public inspection and copying 

during regular business hours in the 

FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC, 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request these 

documents in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Summary of the Report and Order and 

Order on Reconsideration 

1. In this Third Report and Order 

(‘‘Order’’), we remedy shortcomings in 

our CableCARD rules in order to 

improve consumers’ experience with 

retail navigation devices (such as set-top 

boxes and digital cable-ready television 

sets) and CableCARDs, the security 

devices used in conjunction with 

navigation devices to perform the 

conditional access functions necessary 

to access cable services. We believe 

these rule changes are necessary to 

discharge our responsibility under the 

Act to assure the development of a retail 

market for devices that can navigate 

cable services. We seek to remove the 

disparity in consumer experience 

between those who choose to buy a 

retail device and those who lease the 

cable provider’s set-top box, as the 


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