Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 20239 

Name of non-regulatory SIP 

revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Additional explanation 

******

Section 110(a)(2) Infrastructure Requirements for the 

1997 8-Hour Ozone 

NAAQS.

District of Columbia .............. 12/06/07 

1/11/08 

4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 

1997 PM2.5 NAAQS.

District of Columbia .............. 8/25/08 

9/22/08 

4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 

2006 PM2.5 NAAQS.

District of Columbia .............. 9/21/09 4/12/11 [Insert Federal Register page number where 

the document begins and 

date].

This action addresses the 

following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

[FR Doc. 2011–8567 Filed 4–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0130–201111(a); 

FRL–9293–4] 

Approval and Promulgation of 

Implementation Plans: Florida; 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to convert a conditional approval 

of provisions in the Florida State 

Implementation Plan (SIP) to a full 

approval under the federal Clean Air 

Act (CAA or Act). On June 17, 2009, the 

State of Florida, through the Florida 

Department of Environmental Protection 

(FDEP), submitted a SIP revision in 

response to the conditional approval of 

its New Source Review (NSR) 

permitting program. The revision 

includes changes to certain parts of the 

Prevention of Significant Deterioration 

(PSD) construction permit program in 

Florida, including the definition of ‘‘new 

emissions unit,’’ ‘‘regulated air 

pollutant’’ and ‘‘significant emissions 

rate’’ as well as recordkeeping 

requirements. In addition, Florida 

provided a clarification that the 

significant emissions rate for mercury in 

the Florida regulations is intended to 

apply as a state-only provision. EPA has 

determined that this revision addresses 

the conditions identified in the 

conditional approval, and is therefore 

approvable. This action is being taken 

pursuant to section 110 of the CAA. 

DATES: This direct final rule is effective 

June 13, 2011 without further notice, 

unless EPA receives adverse comment 

by May 12, 2011. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2006–0130, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: adams.yolanda@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2006–0130, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Yolanda Adams, Air Planning Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2006– 

0130.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 


erowe on DSK5CLS3C1PROD with RULES
20240 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 

1On December 31, 2002 (67 FR 80186), EPA 

published final rule changes to 40 CFR parts 51 and 

52, regarding the CAA’s PSD and nonattainment 

NSR programs. On November 7, 2003 (68 FR 

63021), EPA published a notice of final action on 

the reconsideration of the December 31, 2002, final 

rule changes. The December 31, 2002, and the 

November 7, 2003, final actions are collectively 

referred to as the ‘‘2002 NSR Reform Rules.’’ 

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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Florida SIP, 

contact Twunjala Bradley, 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. 

Bradley may also be reached via 

telephone or electronic mail at (404) 

562–9352 and 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact 

Yolanda Adams, Air Permits Section, at 

the same address above. Ms. Adams 

may also be reached via telephone or 

electronic mail at (404) 562–9214 and 

adams.yolanda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. EPA’s Analysis of How Florida’s Revisions 

Satisfy the Terms of the Conditional 

Approval 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On February 3, 2006, FDEP submitted 

a revision to its PSD regulations in 

response to the 2002 NSR Reform Rules 

for EPA approval into the Florida SIP.1

The February 3, 2006, SIP revision 

included changes to the Florida SIP, 

specifically in Florida Administrative 

Code (F.A.C.) Rules, Chapters 62–204— 

Air Pollution Control—General 

Provisions, 62–210—Stationary 

Sources—General Requirements, and 

62–212—Stationary Source— 

Preconstruction Review, which became 

state-effective on February 2, 2006, and 

February 12, 2006. EPA proposed to 

conditionally approve these PSD SIP 

rules under section 110 of the CAA on 

April 4, 2008. See 73 FR 18466. In the 

April 4, 2008 rulemaking, EPA 

determined that portions of Florida’s 

February 3, 2006 SIP revision were not 

consistent with the federal PSD 

regulations set forth at 40 CFR 51.166. 

Therefore, EPA proposed to 

conditionally approve Florida’s PSD 

program which established a 

commitment from FDEP to adopt the 

necessary regulations for consistency 

with federal PSD provisions to obtain 

full approval. EPA did not receive any 

comments on the proposal. EPA 

finalized its conditional approval of 

F.A.C. Chapters 62–204, 62–210, and 

62–212, into the Florida SIP on June 27, 

2008. See 73 FR 36435. 

On June 17, 2009, FDEP submitted the 

revision to its SIP incorporating the 

changes required by EPA as outlined in 

the conditional approval. See 73 FR 

18466. Specifically, the June 17, 2009, 

SIP revision changes definitions in 

F.A.C Chapter 62–210.200 for ‘‘new 

emissions unit,’’ ‘‘regulated air 

pollutant,’’ and ‘‘significant emissions 

rate’’ as well as the recordkeeping 

requirements in F.A.C. Chapter 62– 

212.300(3)(a)1. In addition, Florida 

provided a clarification that the 

significant emissions rate for mercury in 

the Florida regulations is considered a 

state-only provision and is not intended 

to be incorporated into the Florida SIP. 

After consideration, EPA concludes that 

the June 17, 2009, SIP revision satisfies 

the conditions listed in EPA’s June 27, 

2008, conditional approval. Today, EPA 

is converting the June 27, 2008, 

conditional approval to a full approval. 

II. EPA’s Analysis of How Florida’s 

Revisions Satisfy the Terms of the 

Conditional Approval 

In response to EPA‘s June 27, 2008, 

conditional approval, Florida made 

three changes to its PSD requirements. 

These changes were required to ensure 

that Florida’s PSD program is consistent 

with the federal PSD regulations (at 40 

CFR 51.166) to obtain full approval of 

the program. First, Florida changed the 

definition of ‘‘new emissions unit’’ in 

F.A.C. Chapter 62–210.200 to indicate 

that it is a unit ‘‘ * * * that has existed 

for less than 2 years from the date such 

emissions unit first operated.’’ This 

definition is consistent with the federal 

definition of ‘‘New Emissions Unit’’ 

found at 40 CFR 51.166(b)(7)(i). Second, 

Florida changed the definitions of 

‘‘Regulated Air Pollutant’’ and 

‘‘Significant Emissions Rate’’ in F.A.C. 

Chapter 62–210.200 to include ozone 

depleting substances. This change is 

consistent with the federal definition of 

‘‘Significant’’ in 40 CFR 51.166(b)(23). 

Third, Florida changed its 

recordkeeping requirements in F.A.C. 

Chapter 62–212.300(3)(a)1 to clarify that 

the applicant must provide a record of 

the amount of emissions excluded 

pursuant to the projected actual 

emissions requirements, an explanation 

as to why these emissions were 

excluded, and any netting calculations 

if applicable. This change is consistent 

with the federal recordkeeping 

requirements at 40 CFR 51.166(r)(6). 

In addition, Florida provided a 

clarification that the significant 

emissions rate for mercury is considered 

a state-only provision and is not 

intended to be incorporated into the 

Florida SIP. EPA has determined that 

this clarification satisfies the condition 

listed in EPA’s conditional approval. 

III. Final Action 

As explained above, FDEP submitted 

changes to the definition of ‘‘new 

emissions unit,’’ ‘‘regulated air 

pollutant,’’ and ‘‘significant emissions 

rate’’ in F.A.C. Chapter 62–210.200 and 

the recordkeeping requirements in 

F.A.C. Chapter 62–212.300(3)(a)1. In 

addition, FDEP provided a clarification 

that the significant emissions rate for 

mercury in the Florida regulations is 

intended to apply as a state-only 

requirement only and is not intended to 

be incorporated into the Florida SIP. 

FDEP has satisfied the conditions listed 

in EPA’s conditional approval. 

Therefore, EPA is taking direct final 

action to convert its conditional 

approval of Florida’s SIP revisions to a 

full approval of Florida’s PSD program. 

As a result of Florida’s June 17, 2009, 

SIP revision satisfying the conditional 

approval requirements and EPA’s 

conversion to a full approval, the 

conditional approval language at 

§ 52.519 of 40 CFR part 52, included in 

EPA’s final conditional approval 

published June 27, 2008 (73 FR 36435), 

is no longer necessary. This action 

removes the conditional approval 

language relating to Florida’s PSD 

program from the CFR to reflect that the 

program has been approved. EPA is 

publishing this rulemaking to remove 

and reserve § 52.519 of 40 CFR part 52. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective June 13, 2011 

without further notice unless the 

Agency receives adverse comments by 

May 12, 2011. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 20241 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on June 13, 2011 

and no further action will be taken on 

the proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); • Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and • Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 June 13, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, and Reporting and 

recordkeeping requirements. 

Dated: March 31, 2011. 

A. Stanley Meiburg, 

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 K—Florida 

§ 52.519 [Removed and Reserved] 

■ 2. Section 52.519 is removed and 

reserved. 

■ 3. Section 52.520(c) is amended by 

revising entries ‘‘62–210.200’’ and ‘‘62– 

212.300’’ to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation 

(Section) Title/subject State effective date EPA approval date Explanation 

*******

Chapter 62–210 Stationary Sources—General Requirements 

*******

62–210.200 ......... Definitions ..................................... 6/29/09 4/12/11 ..........................................

[Insert citation of publication].

* * * * * * * 

Chapter 62–212 Stationary Sources—Preconstruction Review 

*******

62–212.300 ......... General Preconstruction Review 

Requirements.

6/29/09 4/12/11 ..........................................

[Insert citation of publication].


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20242 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations 

EPA-APPROVED FLORIDA REGULATIONS—Continued 

State citation 

(Section) Title/subject State effective date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2011–8701 Filed 4–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0743; FRL–9279–1] 

Revisions to the California State 

Implementation Plan; Sacramento 

Metropolitan Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

a revision to the Sacramento 

Metropolitan Air Quality Management 

District’s portion of the California State 

Implementation Plan (SIP). This 

revision was proposed in the Federal 

Register on October 5, 2010, and 

concerns emissions of oxides of nitrogen 

(NOX) from the landfill gas flare at the 

Kiefer Landfill in Sacramento, 

California. We are approving portions of 

a Permit to Operate that limit NOX

emissions from this facility under the 

Clean Air Act as amended in 1990 (CAA 

or the Act). 

DATES: This rule is effective on May 12, 

2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0743 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 5, 2010 (75 FR 61369), 

EPA proposed to approve portions of 

the Permit to Operate for the Kiefer 

Landfill into the California SIP. The 

submitted portions of the Permit to 

Operate for the Kiefer Landfill (Permit 

No. 17359), which was issued by the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD), relate 

to the control of NOX emissions from 

the air pollution control landfill gas 

flare. The SMAQMD originally issued 

Permit No. 17359 on August 7, 2006, 

and later revised it on November 13, 

2006. We are proposing to act on the 

submitted portions of Permit No. 17359, 

as revised on November 13, 2006. The 

California Air Resources Board (CARB) 

submitted this SIP revision to EPA on 

July 11, 2007. 

We proposed to approve the 

submitted conditions of SMAQMD 

Permit No. 17359 into the SMAQMD 

portion of the California SIP because we 

determined that they complied with the 

relevant CAA requirements for SIP 

approval. Our proposed action contains 

more information on the submitted 

portions of the permit and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we did not receive any 

comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted conditions of SMAQMD 

Permit No. 17359 comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these 

conditions into the California SIP. 

Specifically, we are approving permit 

conditions 1, 6, 10, 11, 16, 20, 27, 28, 

and 29, or portions thereof, which 

together establish an enforceable NOX

limitation satisfying RACT for the air 

pollution control landfill gas flare at the 

Kiefer Landfill. Please see the docket for 

a copy of the complete submitted 

document. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 


erowe on DSK5CLS3C1PROD with RULES