Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9777 

1The revisions in these interim final regulations 

do not affect how the Department treats required 

desegregation plans under the MSAP. 

Dated: February 25, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–4424 Filed 3–3–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF EDUCATION 

34 CFR Part 280 

RIN 1855–AA07 

[Docket ID ED–2010–OII–0003] 

Magnet Schools Assistance Program 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Secretary amends the 

regulations governing the Magnet 

Schools Assistance Program (MSAP) to 

provide greater flexibility to school 

districts designing MSAP programs for 

the Fiscal Year (FY) 2010 grant 

competition announced in a notice 

inviting applications for new awards 

published elsewhere in this issue of the 

Federal Register. These changes remove 

provisions in the regulations that 

require districts to use binary racial 

classifications and prohibit the creation 

of magnet schools that result in minority 

group enrollments in magnet and feeder 

schools exceeding the district-wide 

average of minority group students. This 

new flexibility is necessary to permit 

school districts interested in receiving 

funds under this program to determine 

how best to meet program requirements 

while also taking into account 

intervening Supreme Court case law, 

including the Court’s decision in 

Parents Involved in Community Schools 

v. Seattle School District No 1 et al., 551 

U.S. 701 (2007) (Parents Involved). 

DATES: These regulations are effective 

March 4, 2010. We must receive your 

comments by April 5, 2010. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by e-mail. Please 

submit your comments only one time, in 

order to ensure that we do not receive 

duplicate copies. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov to submit 

your comments electronically. 

Information on using Regulations.gov, 

including instructions for accessing 

agency documents, submitting 

comments, and viewing the docket is 

available on the site under ‘‘How To Use 

This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these interim final 

regulations, address them to Anna 

Hinton, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

4W229, Washington, DC 20202. 

Privacy Note: The Department’s policy for 

comments received from members of the 

public (including those comments submitted 

by mail, commercial delivery, or hand 

delivery) is to make these submissions 

available for public viewing in their entirety 

on the Federal eRulemaking Portal at 

http://www.regulations.gov. Therefore, 

commenters should be careful to include in 

their comments only information that they 

wish to make publicly available on the 

Internet. 

FOR FURTHER INFORMATION CONTACT: 

Anna Hinton, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 4W229, Washington, DC 20202. 

Telephone: (202) 260–1816 or by e-mail: 

FY10MSAPCOMP@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free at 

1–800–877–8339. 

Individuals with disabilities may 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding the removal of the regulatory 

provisions in these interim final 

regulations. The MSAP regulations in 34 

CFR part 280, as amended by these 

interim final regulations, will govern the 

FY 2010 MSAP competition. Any 

changes made to these interim final 

regulations in light of comments would 

govern the next MSAP competition in 

FY 2013. To ensure that your comments 

have maximum effect in developing the 

final regulations, we urge you to 

identify clearly the specific section or 

sections of the interim final regulations 

that each of your comments addresses 

and to arrange your comments in the 

same order as the interim final 

regulations. We also are considering 

issuing a notice of proposed rulemaking 

(NPRM) that would propose provisions 

to replace those that are removed by 

these interim final regulations, although 

we are not soliciting comments on an 

NPRM at this time. Again, any changes 

subsequent to these interim final 

regulations would apply to the next 

MSAP competition, which the 

Department anticipates conducting in 

FY 2013. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these interim final regulations. Please 

let us know of any further opportunities 

we should take to reduce potential costs 

or increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period 

you may inspect all public comments 

about these interim final regulations by 

accessing Regulations.gov. You may also 

inspect the comments, in person, in 

room 4W229, 400 Maryland Avenue, 

SW., Washington, DC 20202, between 

the hours of 8:30 a.m. and 4 p.m., 

Eastern time, Monday through Friday of 

each week except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these interim final 

regulations. If you want to schedule an 

appointment for this type of aid, please 

contact Anna Hinton, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., room 4W229, Washington, DC 

20202. Telephone: (202) 260–1816 or by 

e-mail: FY10MSAPCOMP@ed.gov. 

Background 

The MSAP is a discretionary grant 

program that provides funds to local 

educational agencies (LEAs) for ‘‘the 

elimination, reduction, or prevention of 

minority group isolation in elementary 

and secondary schools’’ with substantial 

proportions of minority students, and 

‘‘the development and design of 

innovative educational methods and 

practices that promote diversity.’’ 20 

U.S.C. 7231; 34 CFR 280.1. The 

Department awards grants to LEAs for 

magnet schools that are ‘‘part of an 

approved desegregation plan’’ and 

‘‘designed to bring students from 

different social, economic, ethnic, and 

racial backgrounds together.’’ 20 U.S.C. 

7231b; 34 CFR 280. There are two types 

of MSAP desegregation plans: (1) 

Required desegregation plans ordered 

by a Federal or State court or agency of 

competent jurisdiction;1 and (2) 


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9778 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 

2 In evaluating these challenges to the districts’ 

use of individual racial classifications, the Court 

applied the two part strict scrutiny standard which 

requires a compelling governmental interest for the 

use of race and that any use of race be narrowly 

tailored to further the compelling interest. 

3We are not removing a fourth regulatory 

provision in the selection criterion Quality of 

project design at 34 CFR 280.31(c)(2)(v) that 

provides for the Secretary to determine the extent 

to which each magnet school for which funding is 

sought will improve the racial balance of students 

in the applicant’s schools, because we are not using 

this factor in the FY 2010 grant competition. 

voluntary desegregation plans that must 

be approved by the Secretary as 

adequate under Title VI of the Civil 

Rights Act of 1964 (Title VI). See 20 

U.S.C. 7231c; 34 CFR part 280. 

The Supreme Court’s Decision in 

Parents Involved 

On June 28, 2007, the Supreme Court 

in Parents Involved found the voluntary 

desegregation plans in the Seattle, 

Washington, and Louisville, Kentucky 

school districts unconstitutional in part 

because the districts failed to adequately 

show that they considered race-neutral 

alternatives prior to using individual 

racial classifications in assigning 

students to schools.2 In Parents 

Involved, five justices affirmed that 

avoiding racial isolation—one of the 

purposes of the MSAP program—is a 

compelling governmental interest. 

However, the majority opinion found 

each plan’s use of only two categories in 

defining race problematic. The Seattle 

school district used ‘‘white’’ and 

‘‘nonwhite’’ and the Louisville school 

district used ‘‘black’’ and ‘‘other.’’ The 

Parents Involved Court also rejected the 

achievement of racial balance, (i.e., a 

student enrollment that mirrors the 

racial composition of a school district, 

as a basis for the use of race in a 

voluntary desegregation plan.) Parents 

Involved at 722. 

The MSAP Regulations 

The current regulations governing the 

MSAP are in 34 CFR part 280. In light 

of guidance provided by the Supreme 

Court in Parents Involved, we are 

changing three provisions of these 

regulations to provide districts greater 

flexibility in how they demonstrate that 

their magnet or feeder schools will 

eliminate, reduce, or prevent minority 

group isolation and that their voluntary 

desegregation plans are adequate under 

Title VI. Each of these provisions and 

the changes we are making are 

described in the following paragraphs.3

The current regulations in 34 CFR 

280.4(b) define the term minority group 

isolation, in reference to a school, to 

mean ‘‘a condition in which minority 

group children constitute more than 50 

percent of the enrollment of the school.’’ 

34 CFR 280.4(b). We are removing the 

definition of minority group isolation 

through these interim final regulations 

because the definition requires the use 

of only two racial classifications of 

students—‘‘minority group’’ and 

‘‘nonminority group’’ students. In the 

absence of a definition of minority 

group isolation, the Department will 

determine on a case-by-case basis 

whether a district’s voluntary plan 

meets the statutory purpose of reducing, 

eliminating, or preventing minority 

group isolation in its magnet or feeder 

schools, considering the unique 

circumstances in each district and 

school. For example, the Department 

may consider whether there is a 

substantial proportion of students from 

any minority group enrolled in a school, 

looking at the student enrollment 

numbers of the district and the targeted 

schools disaggregated by race. 

The current regulations in 34 CFR 

280.2(b)(2) and 280.20(g) provide for the 

use of a district-wide percentage of 

minority students as an absolute 

limitation on student enrollment in 

magnet or feeder schools. Specifically, 

section 280.2(b)(2) provides for the 

Secretary to approve a voluntary plan as 

adequate under Title VI if the 

establishment of the magnet school will 

not result in an increase of minority 

enrollment, at the magnet school or at 

any feeder school, above the districtwide percentage of minority group 

students in the LEA’s schools at the 

grade levels served by the magnet 

school. Similarly, section 280.20(g), 

related to the information that an 

applicant must include in its 

application, provides, in part, that an 

applicant seeking approval of a 

voluntary plan as adequate under Title 

VI that cannot provide the information 

required for review of its application 

may submit other information to 

demonstrate that— 

the creation or operation of its proposed 

magnet school * * * would not result in an 

increase of minority student isolation at one 

of the applicant’s schools above the 

districtwide percentage for minority students 

at the same grade levels as those served in 

the magnet school. 

The Department is removing the 

language requiring use of the districtwide percentage limitations in both of 

these sections. Section 280.2(b)(2) is 

removed in its entirety, and section 

280.20(g) is revised to remove the 

language regarding district-wide 

percentage for minority students. This 

amended provision reads as follows: 

An applicant that does not have an 

approved desegregation plan, and 

demonstrates that it cannot provide some 

portion of the information requested under 

paragraphs (f)(4) and (5) of this section, may 

provide other information (in lieu of that 

portion of the information not provided in 

response to paragraphs (f)(4) and (5) of this 

section) to demonstrate that the creation or 

operation of its proposed magnet school 

would reduce, eliminate, or prevent minority 

group isolation in the applicant’s schools. 

The Department will determine on a 

case-by-case basis whether the 

voluntary plans are adequate under 

Title VI of the Civil Rights Act of 1964 

and whether the proposed magnet 

schools will reduce, eliminate or 

prevent minority group isolation within 

the period of the grant award, for the 

purposes of sections 280.2(b) and 

280.20(g). This will include an 

examination of the factual basis for any 

proposed increases in minority 

enrollment at district schools rather 

than the use of the absolute districtwide percentage limitation found in the 

current regulations. For example, the 

Department may consider whether a 

plan to reduce, eliminate or prevent 

minority group isolation at a magnet 

school or at a feeder school would 

significantly increase minority group 

isolation at any magnet or feeder school 

in the project at the grade levels served 

by the magnet school. In cases in which 

a school district is subject to a 

desegregation order that prohibits 

magnet or feeder schools from 

exceeding the district-wide average of 

minority group students, the district 

would, of course, continue to be bound 

by that order. 

Waiver of Rulemaking and Delayed 

Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department is generally required to 

publish a notice of proposed rulemaking 

and provide the public with an 

opportunity to comment on proposed 

regulations prior to establishing a final 

rule. However, we are waiving the 

notice-and-comment rulemaking 

requirements under the APA. Section 

553(b) of the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking when 

the agency for good cause finds that 

notice and public comment thereon are 

impracticable, unnecessary, or contrary 

to the public interest. Although these 

regulations are subject to the APA’s 

notice-and-comment requirements, the 

Secretary has determined that it would 

be contrary to the public interest and 

impracticable to conduct notice-andcomment rulemaking. 

This determination is based on the 

need to provide school districts 


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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9779 

flexibility in determining how to meet 

the MSAP’s statutory requirements (i.e., 

that magnet schools eliminate, reduce, 

or prevent minority group isolation and 

that voluntary plans are adequate under 

Title VI) while taking into account the 

Supreme Court’s decision in Parents 

Involved. It would be impracticable for 

the Department to conduct notice-andcomment rulemaking and then 

promulgate final regulations in time to 

make new awards for FY 2010 funding 

prior to September 30, 2010, the date by 

which FY 2010 funds must be obligated 

under the MSAP program. The 

application submission and review 

process for this program normally takes 

seven to eight months, without any 

rulemaking activity, and we anticipate 

that conducting notice-and-comment 

rulemaking would require at least an 

additional four months. More 

specifically, given the complexity of the 

application, LEAs need 60 days to 

submit their applications, which is the 

time that has been provided in the past, 

and which, in our experience, is the 

minimum amount of time LEAs need. 

The peer review of the applications will 

take at least two months, if done on an 

expedited basis. And, the Department 

will need significant additional time to 

review the most competitive 

applications to determine, as required 

by the MSAP statute, whether each 

applicant will meet its assurances of 

non-discrimination, and whether each 

voluntary plan is adequate under Title 

VI of the Civil Rights Act of 1964. 

Finally, we must allow time in 

September to negotiate and award the 

grants. Given these time frames, even 

expediting the application review 

process, we could not conduct both 

notice-and-comment rulemaking and 

make awards before the end of the fiscal 

year. Based upon these considerations, 

therefore, the Secretary is issuing these 

interim final regulations without first 

publishing proposed regulations for 

public comment. 

Although the Department is adopting 

these regulations on an interim final 

basis, the Department requests public 

comment on these changes in the MSAP 

regulations for future grant 

competitions. After consideration of 

public comments, the Secretary will 

publish final regulations applicable to 

the next grant competition. 

The APA also requires that a 

substantive rule be published at least 30 

days before its effective date, except as 

otherwise provided for good cause (5 

U.S.C. 553(d)(3)). For the reasons 

outlined in the preceding paragraphs, 

the Secretary has determined that a 

delayed effective date for these interim 

final regulations is unnecessary and 

contrary to the public interest, and that 

good cause exists to waive the 

requirement for a delayed effective date. 

Executive Order 12866 

Under Executive Order 12866, the 

Secretary must determine whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may (1) Have an 

annual effect on the economy of $100 

million or more, or adversely affect a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

Tribal governments or communities in a 

material way (also referred to as an 

‘‘economically significant’’ rule); (2) 

create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

materially alter the budgetary impacts of 

entitlement grants, user fees, or local 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

order. The Secretary has determined 

that this regulatory action is significant 

under section 3(f) of the Executive 

order. 

Potential Costs and Benefits 

Under Executive Order 12866, we 

have assessed the potential costs and 

benefits of this regulatory action. The 

potential costs associated with the 

regulations are those resulting from 

Supreme Court action and those we 

have determined to be necessary for 

administering this program effectively 

and efficiently. In assessing the 

potential costs and benefits—both 

quantitative and qualitative—of this 

regulatory action, we have determined 

that the benefits justify the costs. 

We have also determined that this 

regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

Summary of Potential Costs and 

Benefits 

Because the Secretary has chosen to 

regulate only to the extent necessary to 

reflect changes required by the Supreme 

Court’s decision in Parents Involved, 

LEAs have considerable flexibility in 

implementing the provisions of the 

MSAP. Consequently, the potential 

costs associated with this regulatory 

action are minimal. 

Benefits of the regulations include 

providing LEAs greater latitude in the 

design of projects, the removal of the 

restriction of using a binary 

classification in the definition of 

minority group isolation, and removing 

the district-wide average limitation in 

the MSAP regulation. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these 

regulations will not have a significant 

economic impact on a substantial 

number of small entities. The small 

entities that are affected by these 

regulations are small local educational 

agencies (LEAs) receiving Federal funds 

under this program. However, the 

regulations will not have a significant 

economic impact on the small LEAs 

affected because the regulations do not 

impose excessive regulatory burdens or 

require unnecessary Federal 

supervision. The regulations impose 

minimal requirements to ensure the 

proper expenditure of program funds. 

Paperwork Reduction Act of 1995 

These regulations do not require the 

collection of new information subject to 

the Paperwork Reduction Act of 1995. 

The existing MSAP student enrollment 

data forms approved under control 

number OMB–1855–0011, require 

districts to report current and projected 

racial and ethnic student enrollment 

data using the binary classifications of 

minority and non-minority. In order to 

conform to the change in the regulations 

removing the definition of minority 

group isolation, the required data will 

now be reported in a different manner 

by applicants. The forms have been 

changed to remove the requirement that 

applicants report racial and ethnic data 

using the minority and non-minority 

racial and ethnic classifications. 

Applicants will now be required to 

report racial and ethnic data 

disaggregated by the racial and ethnic 

categories used by the district for 

reporting such racial and ethnic data to 

the Department for the 2009–2010 

school year. Although the Department 

has made changes to these student 

enrollment data forms, we do not 

anticipate that these changes will alter 

the current burden because the same 

racial and ethnic data will be collected 

by districts, even though it will be 

reported in a different manner. 

In the October 2007 Guidance on 

Collecting, Maintaining and Reporting 

Data by Race or Ethnicity (Guidance) (72 

FR 59266 (Oct. 19, 2007), at http:// 

www.ed.gov/legislation/FedRegister/ 

other/2007–4/101907c.html, the 

Department established new 

requirements for the collection and 


srobinson on DSKHWCL6B1PROD with RULES
9780 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 

reporting of racial and ethnic data under 

the programs we administer. The 

Department also announced that 

districts must begin reporting data using 

the new collection procedures and 

aggregate reporting categories no later 

than for data about the 2010–2011 

school year. Under the Guidance, for 

upcoming grant applications, which 

would include applications for new 

MSAP funds, districts are permitted to 

report data using the racial and ethnic 

categories used in their district for the 

2009–2010 school year. 

This means that districts have two 

options for reporting the required data 

in disaggregated categories in their 

MSAP applications. 

For districts that have already 

converted to the revised categories, 

racial and ethnic student enrollment 

data should be reported and projected 

using the revised forms that disaggregate 

student enrollment data by race and 

ethnicity using the following categories: 

Hispanic/Latino, American Indian or 

Alaska Native, Asian, Black or African 

American, Native Hawaiian or Other 

Pacific Islander, White, and Two-or 

More Races. 

For districts that have not already 

converted to the revised categories, 

racial and ethnic student enrollment 

data should be reported and projected 

using the revised forms that disaggregate 

student enrollment data by race and 

ethnicity using the following categories: 

American Indian or Alaskan Native, 

Asian or Pacific Islander, Black (Not of 

Hispanic Origin), Hispanic, and White. 

Two versions of the forms will be 

included in the application package. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Assessment of Educational Impact 

In accordance with section 411 of the 

General Education Provisions Act, 20 

U.S.C. 1221e-4, we have determined 

that these regulations do not require 

transmission of information that any 

other agency or authority of the United 

States gathers or makes available. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

You may also view this document in 

text or PDF at the following site: 

http://www.ed.gov/programs/magnet/ 

applicant.html. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.access.gpo.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number 84.165A Magnet Schools Assistance 

Program) 

List of Subjects in 34 CFR Part 280 

Elementary and secondary education, 

Equal educational opportunity, Grant 

programs—education, Reporting and 

recordkeeping requirements. 

Dated: February 25, 2010. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

■ For the reasons discussed in the 

preamble, the Secretary amends part 

280 of title 34 of the Code of Federal 

Regulations as follows: 

PART 280—MAGNET SCHOOLS 

ASSISTANCE PROGRAM 

■ 1. The authority citation for part 280 

continues to read as follows: 

Authority: 20 U.S.C. 7231–7231j, unless 

otherwise indicated. 

§ 280.2 [Amended] 

■ 2. Section 280.2 is amended by 

revising paragraph (b) to read as follows: 

§ 280.2 Who is eligible to apply for a 

grant? 

* * * * * 

(b) The Secretary approves a 

voluntary plan under paragraph (a)(2) of 

this section only if he determines that 

for each magnet school for which 

funding is sought, the magnet school 

will reduce, eliminate, or prevent 

minority group isolation within the 

period of the grant award, either in the 

magnet school or in a feeder school, as 

appropriate. 

* * * * * 

§ 280.4 [Amended] 

■ 3. Section 280.4 is amended by 

removing the definition of minority 

group isolation in paragraph (b). 

■ 4. Section 280.20(g) is revised to read 

as follows: 

§ 280.20 How does one apply for a grant? 

* * * * * 

(g) An applicant that does not have an 

approved desegregation plan, and 

demonstrates that it cannot provide 

some portion of the information 

requested under paragraphs (f)(4) and 

(5) of this section, may provide other 

information (in lieu of that portion of 

the information not provided in 

response to paragraphs (f)(4) and (5) of 

this section) to demonstrate that the 

creation or operation of its proposed 

magnet school would reduce, eliminate, 

or prevent minority group isolation in 

the applicant’s schools. 

* * * * * 

[FR Doc. 2010–4415 Filed 3–3–10; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2009–0799; FRL–9123–1] 

Technical Amendment to the Outer 

Continental Shelf Air Regulations 

Consistency Update; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

technical corrections to the final 

regulations, which were published in 

the Federal Register of Thursday 

January 21, 2010. The regulations 

related to the Consistency Update of the 

Outer Continental Shelf Air Regulations 

for Alaska. 

DATES: Effective on March 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Natasha Greaves, Federal and Delegated 

Air Programs Unit, Office of Air, Waste, 

and Toxics, U.S. Environmental 

Protection Agency, Region 10, 1200 

Sixth Avenue, Suite 900, Mail Stop: 

AWT–107, Seattle, WA 98101; 

telephone number: (206) 553–7079; email address: greaves.natasha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Need for Correction 


srobinson on DSKHWCL6B1PROD with RULES