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
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9781 

I. Background Information 

This Notice is to provide a technical 

correction to the final regulation 

published at 75 FR 3392, January 21, 

2010. The final regulations that are the 

subject to these corrections are effective 

on March 22 and affect the State of 

Alaska Administrative Code (‘‘ACC’’) Air 

Emission User Fee provision in 18 AAC 

50.410 as incorporated into 40 CFR Part 

55. Alaska revised the Air Emission 

User Fee provision in 18 AAC 50.410 to 

extend the date through which the 

current emission fee rates apply to 

stationary sources permitted under AS 

46.14 from June 30, 2009 to June 30, 

2010 and clarified that the fee applies 

annually. This correction relates only to 

the air emission user fee provision in 18 

AAC 50.410. 

II. Need for Correction 

As published, the final regulations 

contained an error which may prove to 

be misleading and needs to be clarified. 

The direct final rule in 75 FR 3392 

inadvertently stated that Appendix A to 

40 CFR part 55 was amended by 

‘‘revising’’ Article 4 of paragraph (a)(1) 

under the heading ‘‘Alaska’’. The direct 

final rule should have said that at 

Appendix A to 40 CFR part 55 was 

amended by ‘‘adding’’ a provision within 

Article 4 of paragraph (a)(1) under the 

heading ‘‘Alaska’’. 

■ Accordingly, the following correction 

is made to the final rule published 

January 21, 2010 (75 FR 3392). 

■ 1. On page 3394, in the third column, 

amendatory instruction 3 is corrected to 

read as follows: 

‘‘3. Appendix A to Part 55 is amended 

under ‘‘Alaska’’ by revising paragraph 

(a)(1) introductory text and by adding an 

entry for ‘‘18 AAC 50.410’’ under article 

4 to read as follows:’’ 

Dated: February 25, 2010. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2010–4558 Filed 3–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2007–0958–201005(c); 

FRL–9122–1] 

Determination of Nonattainment and 

Reclassification of the Atlanta, 

Georgia, 8-Hour Ozone Nonattainment 

Area; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On March 6, 2008, EPA 

published a document reclassifying the 

Atlanta, Georgia, area from marginal to 

moderate for the 1997 8-hour ozone 

nonattainment area by operation of law. 

This action clarifies a portion of the 

preamble language in the 

aforementioned Federal Register notice. 

DATES: This action is effective March 4, 

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. 

Stacy Harder, 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. 

Harder can be reached at 404–562–9042, 

or via electronic mail at 

harder.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects preamble language for a 

designation that appears in Georgia’s 

Attainment Designation Status section 

at 40 CFR part 81.311. The 

reclassification of the Atlanta Area from 

marginal to moderate for the 1997 8- 

hour ozone standard, was approved by 

EPA on March 6, 2008 (73 FR 12013). 

However, EPA inadvertently excluded 

Hall County from the list of counties 

included in the Atlanta, Georgia, 1997 

8-hour ozone nonattainment area in the 

preamble portion of the rulemaking. 

Also, EPA inadvertently included 

Pickens County in the list of counties 

included in the Atlanta, Georgia, 1997 

8-hour ozone nonattainment area, in the 

preamble portion of the rulemaking. 

Additionally, EPA is clarifying that 

‘‘Bartow’’ and ‘‘Spalding’’ Counties were 

inadvertently misspelled as ‘‘Barton’’ 

and ‘‘Spaulding’’ Counties on page 

12014. Therefore, EPA is correcting this 

inadvertent error by clarifying that the 

first sentence, in the second paragraph, 

in the first column, of page 12014 

(SUPPLEMENTARY INFORMATION, Section I) 

should read: ‘‘The Atlanta Area is 

located in Northern Georgia and 

consists of Barrow, Bartow, Carroll, 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Hall, Henry, Newton, 

Paulding, Rockdale, Spalding and 

Walton Counties.’’ The regulatory 

portion of the notice, found at 40 CFR 

81.311, is correct as written in the 

March 6, 2008, rulemaking. 

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 clarify the list 

of counties included in the Atlanta 1997 

8-hour ozone nonattainment area, in the 

narrative portion of the rulemaking, has 

no substantive impact on EPA’s March 

6, 2008, approval of this regulation. In 

addition, EPA can identify no particular 

reason why the public would be 

interested in being notified of the 

correction of this omission, 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 reclassify the 

Atlanta 1997 8-hour ozone 

nonattainment area from marginal to 

moderate. 

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 rule 

merely corrects an inadvertent error in 

the preamble portion of a prior rule by 

clarifying the list of counties included 

in the 1997 8-hour ozone nonattainment 

area, which EPA approved on March 6, 

2008. 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 


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