Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9103 

FOR FURTHER INFORMATION CONTACT: 

Phyllis J. Pyles, Director, Torts Branch, 

Civil Division, Department of Justice, 

Washington, DC 20530, telephone (202) 

616–4252. 

SUPPLEMENTARY INFORMATION: This rule 

amending 28 CFR part 43 represents the 

first increase since 1992 of the 

settlement and waiver authority 

delegated to the departments and 

agencies of the United States 

responsible for the furnishing of 

hospital, medical, surgical, or dental 

care. During the intervening period, the 

cost of medical care and treatment has 

increased substantially. That increase 

warrants a corresponding increase in 

settlement and waiver authority to 

further the efficient operation of the 

government. 

Administrative Procedure Act 

This rule relates to a matter of agency 

management or personnel and therefore 

is exempt from the usual requirements 

of prior notice and comment and a 

thirty-day delay in effective date. See 5 

U.S.C. 553(a)(2). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. A Regulatory Flexibility 

Analysis was not required to be 

prepared for this final rule because the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 

Executive Order 12866: Regulatory 

Planning and Review 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, § 1(b), ‘‘Principles of 

Regulation.’’ This rule is limited to 

agency organization, management, and 

personnel as described by Executive 

Order 12866, § (3)(d)(3), and therefore is 

not a ‘‘regulation’’ or ‘‘rule’’ as defined by 

that Executive Order. Accordingly, this 

rule has not been reviewed by the Office 

of Management and Budget. 

Executive Order 13132: Federalism 

This rule 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 government. Therefore, in 

accordance with Executive Order 13132, 

the Department of Justice has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Executive Order 12988: Civil Justice 

Reform 

This rule meets the applicable 

standards provided in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in cost or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, or innovation, or the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

‘‘rule’’ for purposes of the reporting 

requirement of 5 U.S.C. 801. 

List of Subjects in 28 CFR Part 43 

Claims, Health care. 

■ Accordingly, by virtue of the authority 

vested in the Attorney General by law, 

including 42 U.S.C. 2651–2653, 

Executive Order 11060 (3 CFR, 1959– 

1963 Comp. p. 651), part 43 of title 28 

of the Code of Federal Regulations is 

amended as follows: 

PART 43—RECOVERY OF COST OF 

HOSPITAL AND MEDICAL CARE AND 

TREATMENT FURNISHED BY THE 

UNITED STATES 

■ 1. The authority citation for part 43 

continues to read as follows: 

Authority: Sec. 2, 76 Stat. 593; 42 U.S.C. 

2651–2653; E.O. 11060, 3 CFR, 1959–1963 

Comp. p. 651. 

■ 2. In § 43.3, paragraphs (a)(2), (a)(3), 

and (b) are revised to read as follows: 

§ 43.3 Settlement and waiver of claims. 

(a) * * * 

(2) Compromise or settle and execute 

a release of any claim, not in excess of 

$300,000, which the United States has 

for the reasonable value of such care 

and treatment; or 

(3) Waive and in this connection 

release any claim, not in excess of 

$300,000, in whole or in part, either for 

the convenience of the Government, or 

if the head of the Department or Agency, 

or his or her designee, determines that 

collection would result in undue 

hardship upon the person who suffered 

the injury or disease resulting in the 

care and treatment described in § 43.1. 

(b) Claims in excess of $300,000 may 

be compromised, settled, waived, and 

released only with the prior approval of 

the Department of Justice. 

* * * * * 

Dated: February 23, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–4025 Filed 2–26–10; 8:45 am] 

BILLING CODE 4410–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0964; FRL–9116–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

NOX Budget Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois State Implementation Plan 

(SIP) that would terminate the 

provisions of the Nitrogen Oxides (NOX) 

Budget Trading Program that apply to 

electric generating units. EPA is no 

longer operating the NOX Budget 

Trading Program as a compliance option 

under the NOX SIP Call. These sources 

are now subject to provisions in a newer 

set of approved Illinois rules that 

address EPA’s Clean Air Interstate Rule 

(CAIR). For these reasons, the sunset of 

the NOX Budget Trading Program for 

these sources merely deactivates 

duplicative rule language. 

DATES: This direct final rule will be 

effective April 30, 2010, unless EPA 

receives adverse comments by March 

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9104 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

1EPA was sued by a number of parties on various 

aspects of CAIR, and on July 11, 2008, the U.S. 

Court of Appeals for the District of Columbia 

Circuit issued its decision to vacate and remand 

both CAIR and the associated CAIR FIPs in their 

entirety. North Carolina v. EPA, 531 F.3d 836 (D.C. 

Cir. Jul. 11, 2008). However, in response to EPA’s 

petition for rehearing, the Court issued an order 

remanding CAIR to EPA without vacating either 

CAIR or the CAIR FIPs. North Carolina v. EPA, 550 

F.3d 1176 (D.C. Cir. Dec. 23, 2008). The Court 

thereby left CAIR in place in order to ‘‘temporarily 

preserve the environmental values covered by 

CAIR’’ until EPA replaces it with a rule consistent 

with the Court’s opinion. Id. at 1178. The Court 

directed EPA to ‘‘remedy CAIR’s flaws’’ consistent 

with its July 11, 2008, opinion, but declined to 

impose a schedule on EPA for completing that 

action. Id. 

31, 2010. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R05–OAR–2009–0964 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Acting 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Acting Chief, Criteria Pollutant Section, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0964. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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 and any form of 

encryption and should be free of any 

defects or viruses. 

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 

during normal business hours at the Air 

and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 60604. This facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone John Summerhays, 

Environmental Scientist, at (312) 886– 

6067, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, (312) 886–6067, or by email at summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

This supplementary information 

section is arranged as follows: 

I. Review of State’s Submittal 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Review of State’s Submittal 

On December 7, 2009, Illinois 

submitted a rule revision to EPA for the 

sunset of 35 Illinois Administrative 

Code (IAC) 217 Subpart W, which sets 

requirements for electric generating 

units (EGUs) in the NOX Budget Trading 

Program. These sources are now subject 

to requirements of rules adopted 

pursuant to CAIR (in 35 IAC 225) and 

approved by EPA on October 16, 2007, 

which supersede 35 IAC 217 Subpart W. 

Illinois’ revision would add 35 IAC 

217.751, the full text of which is: 

The provisions of this Subpart W shall not 

apply for any control period in 2009 or 

thereafter. Noncompliance with the 

provisions of this Subpart that occurred prior 

to 2009 is subject to the applicable provisions 

of this Subpart. 

The NOX Budget Trading Program 

was mandated under a rule commonly 

known as the NOX SIP Call, published 

on October 27, 1998, at 63 FR 57356, 

with subsequent amendments. 

Subsequently, EPA promulgated a 

similar set of requirements in CAIR, 

published May 12, 2005, at 70 FR 

25162. Illinois adopted and submitted 

rules in 35 IAC 225 that addressed CAIR 

which, among other provisions, 

required EGUs to participate in the 

CAIR NOX Ozone Season Trading 

Program. This latter program has largely 

superseded the NOX Budget Trading 

Program. Indeed, EPA no longer offers 

the NOX Budget Trading Program as an 

option to meet the requirements of the 

NOX SIP Call, and EPA encourages 

states to clarify their regulatory 

requirements by terminating provisions 

established with the NOX Budget 

Trading Program that have been 

superseded by provisions established 

pursuant to CAIR.1 EPA approved the 

pertinent Illinois rules of 35 IAC 225 on 

October 16, 2007, at 72 FR 58528. These 

rules fully supersede the requirements 

applicable to EGUs in 35 IAC 217 

Subpart W with respect to ozone 

seasons of 2009 and beyond, and so EPA 

finds that the sunset of the Subpart W 

requirements (except to the extent that 

any enforcement actions for 

noncompliance prior to 2009 remain 

pending) is fully approvable. 

Under the NOX Budget Trading 

Program, an excess emissions penalty 

assessed for the 2008/2009 control 

periods requires the deduction of 

allowances from a subsequent control 

period. Generally, no NOX Budget 

Trading Program allowances will be 

allocated for the 2009 control period 

and thereafter. Therefore, if any such 

excess emissions penalty is to be 

imposed, the Administrator will deduct 

CAIR NOX Ozone Season allowances 

allocated for a subsequent control 

period. 

II. Final Action 

EPA is approving 35 IAC 217.751. 

This paragraph terminates the 

provisions of 35 IAC 217 Subpart W, 

which sets requirements for EGUs 

pursuant to the NOX SIP Call, since 

these requirements have been 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9105 

superseded by requirements pursuant to 

CAIR. The sunset of these provisions 

takes effect with the 2009 ozone season, 

except that the provisions remain in 

effect for purposes of addressing 

noncompliance with Subpart W prior to 

2009. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective April 30, 2010 without further 

notice unless we receive relevant 

adverse written comments by March 31, 

2010. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective April 30, 2010. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 Clean Air Act. 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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 30, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: February 10, 2010. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations 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 O—Illinois 

■ 2. Section 52.740 is amended by 

adding paragraph (c)(185), to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(185) On December 7, 2009, Illinois 

submitted a rule for the sunset of the 

provisions of 35 IAC 217 Subpart W, 

regulating electric generating unit 

participation in the NOX Budget Trading 

Program, since these provisions have 

been superseded by provisions 

established pursuant to the Clean Air 

Interstate Rule. 

(i) Incorporation by reference. The 

Illinois rule at 35 IAC 217.751, entitled 

‘‘Sunset Provisions,’’ submitted on 

December 7, 2009, effective on 

November 2, 2009, is incorporated by 

reference. 

[FR Doc. 2010–4088 Filed 2–26–10; 8:45 am] 

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