75626 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects a typographical error in 

paragraph (e) of a prior rulemaking by 

correcting the citation as identified 

above in 40 CFR 52.1781 in a revision, 

which EPA approved on January 4, 

2010, and does not alter the relationship 

or the distribution of power and 

responsibilities established in the Clean 

Air Act (CAA). This rule 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 rule 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 rule 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 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. 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 February 4, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: November 17, 2010. 

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 II—North Carolina 

■ 2. Section 52.1781 is amended by 

revising paragraph (e) to read as follows: 

§ 52.1781 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(e) Determination of Attaining Data. 

EPA has determined, as of January 4, 

2010, the Greensboro-Winston-SalemHigh Point, North Carolina, 

nonattainment area has attaining data 

for the 1997 PM2.5 NAAQS. This 

determination, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 PM2.5

NAAQS. 

* * * * * 

[FR Doc. 2010–30482 Filed 12–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0751–201054(c); 

FRL–9235–5] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Hickory-Morganton-Lenoir; 

Determination of Attaining Data for the 

1997 Fine Particulate Matter Standard; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On January 5, 2010, EPA 

published a final rule determining that 

the Hickory-Morganton-Lenoir 

nonattainment area (hereafter referred to 

as the ‘‘Hickory Area’’) has attaining data 

for the 1997 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). This action corrects 

a typographical error in the regulatory 

language in paragraph (f) of EPA’s 

January 5, 2010, final rule. 

DATES: This action is effective December 

6, 2010. 

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 to 4:30, excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynorae Benjamin, Chief, 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. 

Benjamin can be reached at 404–562– 

9040, or via electronic mail at 

benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects a typographical error in 

the regulatory language for an entry that 

appears in paragraph (f) of North 

Carolina’s Identification of Plan at 40 

CFR 52.1781. The final action, which 

determined that the Hickory Area has 

attaining data for the 1997 PM2.5

NAAQS, was approved by EPA on 

January 5, 2010 (75 FR 230). However, 

EPA inadvertently cited 40 CFR 

52.1004(c) as the section of the Code of 

Federal Regulations (CFR) that suspends 

the requirements for areas attaining the 

1997 PM2.5 NAAQS to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning State implementation plans 

related to attainment of the PM2.5

NAAQS. The correct citation is 40 CFR 

51.1004(c). Therefore, EPA is correcting 

this typographical error by inserting 

51.1004(c) into paragraph (f) of 40 CFR 

52.1781. 

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 for this action are unnecessary 

because today’s action to correct an 

inadvertent error contained in 

paragraph (f) of 40 CFR 52.1781 of the 

rulemaking and has no substantive 

impact on EPA’s January 5, 2010, 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 75627 

approval. In addition, EPA can identify 

no particular reason why the public 

would be interested in being notified of 

the correction, or in having the 

opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis or action to approve the 

addition of paragraph (f) to 40 CFR 

52.1781. 

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 rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects a typographical error in 

paragraph (f) of a prior rulemaking by 

correcting the citation as identified 

above in 40 CFR 52.1781 in a revision, 

which EPA approved on January 5, 

2010. 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. 

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 merely corrects a 

typographical error in paragraph (f) of a 

prior rulemaking by correcting the 

citation as identified above in 40 CFR 

52.1781, which EPA approved on 

January 5, 2010, and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, the 

Administrator certifies that this rule 

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 

rule merely corrects an inadvertent error 

in paragraph (f) of a prior rule, 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). 

This rule also does not have Tribal 

implications because it will 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). This 

rule 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 rule merely 

corrects a typographical error in 

paragraph (f) of a prior rulemaking by 

correcting the citation as identified 

above in 40 CFR 52.1781 in a revision 

which EPA approved on January 5, 

2010, and does not alter the relationship 

or the distribution of power and 

responsibilities established in the Clean 

Air Act (CAA). This rule 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 rule 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 rule 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. section 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 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. 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 February 4, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: November 17, 2010. 

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 II—North Carolina 

■ 2. Section 52.1781 is amended by 

revising paragraph (f) to read as follows: 

§ 52.1781 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(f) Determination of Attaining Data. 

EPA has determined, as of January 5, 

2010, the Hickory-Morganton-Lenoir, 

North Carolina, nonattainment area has 

attaining data for the 1997 PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 51.1004(c), 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 PM2.5

NAAQS. 

[FR Doc. 2010–30483 Filed 12–3–10; 8:45 am] 

BILLING CODE 6560–50–P 


jdjones on DSK8KYBLC1PROD with RULES