Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 1709 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a 

regulated navigation area. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add § 165.1328 to read as follows: 

§ 165.1328 Regulated Navigation Area; 

U.S. Navy Submarines, Hood Canal, 

Washington. 

(a) Location. The following area is a 

regulated navigation area (RNA): All 

waters of the Hood Canal in Washington 

whenever any U.S. Navy submarine is 

operating in the Hood Canal and being 

escorted by the Coast Guard. 

(b) Regulations. All persons and 

vessels located within the RNA created 

by paragraph (a) shall follow all lawful 

orders and/or directions given to them 

by Coast Guard security escort 

personnel. 33 CFR Section 165, Subpart 

B, contains additional provisions 

applicable to the RNA created in 

paragraph (a). 

(c) Notification. The Coast Guard 

security escort will attempt, when 

necessary and practicable, to notify any 

persons or vessels in the RNA created in 

paragraph (a) of its existence via VHF 

Channel 16 and/or any other means 

reasonably available. 

Dated: December 16, 2009. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–433 Filed 1–12–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1057] 

RIN 1625–AA87 

Security Zone; Escorted U.S. Navy 

Submarines in Sector Seattle Captain 

of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a moving security zone 

around any U.S. Navy submarine that is 

operating in the Sector Seattle Captain 

of the Port Zone, which includes the 

Puget Sound and coastal waters of the 

State of Washington, and is being 

escorted by the Coast Guard. The 

security zone is necessary to help 

ensure the security of the submarines, 

their Coast Guard security escorts, and 

the maritime public in general. The 

security zone will do so by prohibiting 

all persons and vessels from coming 

within 1,000 yards of an escorted 

submarine unless authorized by the 

Coast Guard patrol commander. 

DATES: This rule is effective January 13, 

2010. Comments and related material 

must reach the Coast Guard on or before 

April 13, 2010. Requests for public 

meetings must be received by the Coast 

Guard on or before February 12, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1057 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail LT Matthew N. Jones, Staff 

Attorney, Thirteenth Coast Guard 

District; telephone 206–220–7155, email Matthew.N.Jones@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1057), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 


erowe on DSK5CLS3C1PROD with RULES
1710 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–1057’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search,’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

1057’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before February 12, 2010 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

interim rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing an NPRM would be contrary 

to the public interest since U.S. Navy 

submarine operations in the Sector 

Seattle Captain of the Port Zone are 

ongoing, making the security zone 

created by this rule immediately 

necessary to help ensure the security of 

the submarines, their Coast Guard 

security escorts, and the maritime 

public in general. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because waiting 30 days would 

be contrary to the public interest since 

U.S. Navy submarine operations in the 

Sector Seattle Captain of the Port Zone 

are ongoing, making the security zone 

created by this rule immediately 

necessary to help ensure the security of 

the submarines, their Coast Guard 

security escorts, and the maritime 

public in general. 

Background and Purpose 

U.S. Navy submarines frequently 

operate in the Sector Seattle Captain of 

the Port Zone as defined in 33 CFR 

3.65–10, which includes the Puget 

Sound and coastal waters of the State of 

Washington. Due to the numerous 

security concerns involved with 

submarine operations near shore, the 

Coast Guard frequently provides 

security escorts of submarines when 

operating in those areas. Security 

escorts of this type require the Coast 

Guard personnel on-scene to make 

quick judgments about the intent of 

vessels operating in close proximity to 

the submarines and decide, occasionally 

with little information about the vessels 

or persons on board, whether or not 

they pose a threat to the submarine. 

The security zone established by this 

rule will keep persons and vessels a 

sufficient distance away from 

submarines operating in and around the 

Puget Sound and coastal waters of 

Washington so as to (1) avoid 

unnecessary and potentially dangerous 

contact with or distraction of Coast 

Guard security escorts and (2) give Coast 

Guard security escorts additional time 

and space to determine the intent of 

vessels that, for whatever reason, are 

operating too close to a submarine. Both 

of these effects will help ensure the 

security of the submarines, their Coast 

Guard security escorts, and the maritime 

public in general. 

Discussion of Rule 

This rule establishes a moving 

security zone encompassing all waters 

within 1,000 yards of any U.S. Navy 

submarine that is operating in the Sector 

Seattle Captain of the Port Zone as 

defined in 33 CFR 3.65–10, which 

includes the Puget Sound and coastal 

waters of the State of Washington, and 

is being escorted by the Coast Guard. All 

persons and vessels are prohibited from 

entering the security zone unless 

authorized by the Coast Guard patrol 

commander. While naval vessel 

protection zones, under 33 CFR 

165.2030, around these escorted U.S. 

Navy submarines are still in effect, 

persons would need to seek permission 

from the Coast Guard patrol commander 

to enter within 1,000 yards of these 

escorted submarines while they are in 

the Sector Seattle Captain of the Port 

Zone. 

Regulatory Analyses 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The Coast Guard has made this 

determination based on the fact that (1) 

the security zone is only in effect for the 


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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 1711 

short periods of time when submarines 

are operating in and around the Puget 

Sound and other coastal waters of 

Washington and being escorted by the 

Coast Guard, (2) the security zone 

moves with the submarines, (3) vessels 

will be able to transit around the 

security zone at most locations in the 

Puget Sound and other coastal waters of 

Washington, and (4) vessels may, if 

necessary, be authorized to enter the 

security zone with the permission of the 

Coast Guard patrol commander. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit an area 

covered by the security zone. The 

security zone will not, however, have a 

significant economic impact on a 

substantial number of small entities 

because (1) the security zone is only in 

effect for the short periods of time when 

submarines are operating in and around 

the Puget Sound and other coastal 

waters of Washington and being 

escorted by the Coast Guard, (2) the 

security zone moves with the 

submarines, (3) vessels will be able to 

transit around the security zone at most 

locations in the Puget Sound and other 

coastal waters of Washington, and (4) 

vessels may, if necessary, be authorized 

to enter the security zone with the 

permission of the Coast Guard patrol 

commander. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 


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1712 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a security 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add § 165.1327 to read as follows: 

§ 165.1327 Security Zone; Escorted U.S. 

Navy Submarines in Sector Seattle Captain 

of the Port Zone. 

(a) Location. The following area is a 

security zone: All waters within 1,000 

yards of any U.S. Navy submarine that 

is operating in the Sector Seattle 

Captain of the Port Zone, as defined in 

33 CFR 3.65–10, and that is being 

escorted by the Coast Guard. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart D, no person or vessel may 

enter or remain in the security zone 

created by paragraph (a) of this section 

unless authorized by the Coast Guard 

patrol commander. 33 CFR part 165, 

subpart D, contains additional 

provisions applicable to the security 

zone created in paragraph (a) of this 

section. 

(c) Notification. The Coast Guard 

security escort will attempt, when 

necessary and practicable, to notify any 

persons or vessels inside or in the 

vicinity of the security zone created in 

paragraph (a) of this section of its 

existence via VHF Channel 16 and/or 

any other means reasonably available. 

Dated: December 16, 2009. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–438 Filed 1–12–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MS–200923; FRL–9088–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Mississippi; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is publishing this action 

to provide the public with notice of the 

update to the Mississippi State 

Implementation Plan (SIP) compilation. 

In particular, materials submitted by 

Mississippi that are incorporated by 

reference (IBR) into the Mississippi SIP 

are being updated to reflect EPAapproved revisions to Mississippi’s SIP 

that have occurred since the last update. 

In this action, EPA is also notifying the 

public of the correction of certain 

typographical errors. 

DATES: This action is effective January 

13, 2010. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, GA 30303; the Air 

and Radiation Docket and Information 

Center, EPA Headquarters Library, 

Infoterra Room (Room Number 3334), 

EPA West Building, 1301 Constitution 

Ave., NW., Washington, DC 20460, and 

the National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation (OAR) 

Docket/Telephone number: (202) 566– 

1742. For information on the availability 

of this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Twunjala Bradley at the above Region 4 

address or at (404) 562–9352. 

SUPPLEMENTARY INFORMATION: Each state 

has a SIP containing the control 

measures and strategies used to attain 

and maintain the national ambient air 

quality standards (NAAQS). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

networks, attainment demonstrations, 

and enforcement mechanisms. 

Each state must formally adopt the 

control measures and strategies in the 

SIP after the public has had an 

opportunity to comment on them and 

then submit the SIP to EPA. Once these 

control measures and strategies are 

approved by EPA, after notice and 

comment, they are incorporated into the 

federally approved SIP and are 

identified in part 52 ‘‘Approval and 

Promulgation of Implementation Plans,’’ 

Title 40 of the Code of Federal 

Regulations (40 CFR part 52). The full 

text of the state regulation approved by 

EPA is not reproduced in its entirety in 

40 CFR part 52, but is ‘‘incorporated by 

reference.’’ This means that EPA has 

approved a given state regulation with 

a specific effective date. The public is 

referred to the location of the full text 

version should they want to know 

which measures are contained in a 

given SIP. The information provided 

allows EPA and the public to monitor 

the extent to which a state implements 

a SIP to attain and maintain the NAAQS 

and to take enforcement action if 

necessary. 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations as being part of the 

SIP. On May 22, 1997, (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference, into the 

CFR, materials submitted by states in 

their EPA-approved SIP revisions. These 

changes revised the format for the 

identification of the SIP in 40 CFR part 

52, stream-lined the mechanisms for 

announcing EPA approval of revisions 

to a SIP, and stream-lined the 

mechanisms for EPA’s updating of the 

IBR information contained for each SIP 

in 40 CFR part 52. The revised 

procedures also called for EPA to 

maintain ‘‘SIP Compilations’’ that 

contain the federally-approved 

regulations and source specific permits 

submitted by each state agency. These 

SIP Compilations are contained in 3- 

ring binders and are updated primarily 

on an annual basis. Under the revised 

procedures, EPA is to periodically 

publish an informational document in 

the rules section of the Federal Register 

when updates are made to a SIP 

Compilation for a particular state. EPA’s 

1997 revised procedures were formally 

applied to Mississippi on July 1, 1997 

(62 FR 35441). 


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