Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 52467 

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, the Coast Guard 

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 as this rule 

involves establishing safety zones. 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, and 

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, 3306, 3703; 50 U.S.C. 191, 195; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary safety zones 

§ 165.T01–0502 to read as follows: 

§ 165.T01–0502 Safety Zones; Swim 

Events within the Sector New York Captain 

of the Port Zone. 

(a) Location. The following swim 

events include safety zones as described 

herein: 

(1) Swim Across America 2010 LIS 

Swim, Glen Cove, NY to Larchmont, 

NY. 

(i) All waters of Long Island Sound, 

from surface to bottom, within 100-yard 

radius around the swimmers swimming 

from Morgan Park Beach, Glen Cove, NY 

to Larchmont Shore Club, Larchmont, 

NY. 

(ii) Effective Date. This rule will be 

effective from 5:30 a.m. through 

10:30 p.m. on July 24, 2010 and August 

14, 2010. 

(2) Newburgh to Beacon Swim, 

Newburgh, NY to Beacon, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming from the waterfront at 

Newburgh, NY to the waterfront at 

Beacon, NY. 

(ii) Effective Date. This rule will be 

effective from 11:30 a.m. to 1:30 p.m. on 

July 31, 2010. 

(3) Brooklyn Bridge Swim, Brooklyn, 

NY. 

(i) All waters of the East River from 

surface to bottom, within a 100-yard 

radius around the swimmers swimming 

in the waters of the East River from 

Brooklyn Bridge Park to East River Park, 

Brooklyn. 

(ii) Effective Date. This rule will be 

effective from 11:45 a.m. to 1:30 p.m. on 

September 11, 2010. 

(4) Hudson River Swim for Life, 

Nyack, NY to Sleepy Hollow, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming from Nyack, NY to Kingsland 

Point Park, Sleepy Hollow, NY. 

(ii) Effective Date. This rule will be 

effective from 9 a.m. to 12:30 p.m. on 

September 12, 2010. 

(5) Toughman Half Iron Triathlon, 

Hudson River, Croton Point Park, NY. 

(i) All waters of the Hudson River 

from surface to bottom, within a 100- 

yard radius around the swimmers 

swimming in the vicinity of Haverstraw 

Bay, Croton Point Park, Westchester 

County, NY. 

(ii) Effective Date. This rule will be 

effective from 6 a.m. to 10 a.m. on 

September 12, 2010. 

(b) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels that have been 

authorized to act on behalf of the 

Captain of the Port New York. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through or 

anchoring within the safety zones is 

prohibited unless authorized by the 

Captain of the Port New York or a 

designated representative. Persons 

desiring to transit within any of the 

safety zones established in this section 

may contact the Captain of the Port at 

telephone number 718–354–4398 or via 

on-scene patrol personnel on VHF 

channel 16 to seek authorization. 

If permission is granted, all persons 

and vessels must comply with the 

instructions of the Captain of the Port 

New York or the designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 3:30 a.m. to 11:59 

p.m. on various dates from July 24 to 

September 12, 2010. 

Dated: July 22, 2010. 

G.P. Hitchen, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port New York. 

[FR Doc. 2010–21311 Filed 8–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–201021; FRL– 

9193–4] 

Approval and Promulgation of Air 

Quality Implementation Plans: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for the Paducah Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a revision to the Kentucky State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

1997 8-hour ozone standards for the 

Paducah 1997 8-hour ozone attainment 

area, which comprises Marshall County 

and a portion of Livingston County 

(hereafter referred to as the ‘‘Paducah 

Area’’). This maintenance plan was 

submitted to EPA on May 27, 2008, by 

the Commonwealth of Kentucky, and 

ensures the continued attainment of the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) through the 

year 2020. On July 15, 2009, the 

Commonwealth of Kentucky submitted 

supplemental information with updated 

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52468 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 

emissions tables for this Area to reflect 

actual emissions. This plan meets the 

statutory and regulatory requirements, 

and is consistent with EPA’s guidance. 

EPA is taking final action to approve the 

revisions to the Kentucky SIP, pursuant 

to the Clean Air Act (CAA). EPA is also 

in the process of establishing a new 8- 

hour ozone NAAQS, and expects to 

finalize the reconsidered NAAQS by 

August 2010. Today’s action, however, 

relates only to the 1997 8-hour ozone 

NAAQS. Requirements for the Paducah 

Area under the 2010 NAAQS will be 

addressed in the future. 

DATES: This rule will be effective 

September 27, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–1186. All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 at 

the 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. EPA 

requests that, if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, 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. Mr. 

Farngalo may be reached by phone at 

(404) 562–9152 or by electronic mail 

address farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA Guidance and CAA Requirements 

III. Today’s Action 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the 

Paducah Area, consisting of Marshall 

County and a portion of Livingston 

County in Kentucky, was designated as 

marginal nonattainment for the 1-hour 

ozone NAAQS effective November 6, 

1991 (56 FR 56694) because the Area 

did not meet the 1-hour ozone NAAQS. 

On November 13, 1992, the 

Commonwealth of Kentucky submitted 

a request to redesignate the Paducah 

Area to attainment for the 1-hour ozone 

NAAQS. At the same time as the 

redesignation request, Kentucky 

submitted the required ozone 

monitoring data and maintenance plan 

to ensure that the Paducah Area would 

remain in attainment for the 1-hour 

ozone NAAQS for a period of 10 years, 

consistent with the CAA section 

175A(a). The maintenance plan 

submitted by Kentucky followed EPA 

guidance for limited maintenance areas, 

which applied to 1-hour ozone NAAQS 

areas with design values less than 85 

percent of the applicable standard (0.12 

parts per million). On February 7, 1995, 

EPA approved Kentucky’s request to 

redesignate the Paducah Area (60 FR 

7124) to attainment for the 1-hour ozone 

NAAQS. 

II. EPA Guidance and CAA 

Requirements 

On April 30, 2004, EPA designated 

areas for the 1997 8-hour ozone NAAQS 

(69 FR 23858), and published the final 

Phase I Implementation Rule for the 

1997 8-hour ozone NAAQS (69 FR 

23951) (Phase I Rule). The Paducah 

Area was designated attainment for the 

1997 8-hour ozone NAAQS, effective 

June 15, 2004. The Paducah attainment 

area consequently was required to 

submit a 10-year maintenance plan 

under section 110(a)(1) of the CAA and 

the Phase I Rule, 40 CFR 51.905(a)(4). 

On May 20, 2005, EPA issued guidance 

providing information as to how a state 

might fulfill the maintenance plan 

obligation established by the CAA and 

the Phase I Rule (Memorandum from 

Lydia N. Wegman to Air Division 

Directors, Maintenance Plan Guidance 

Document for Certain 8-hour Ozone 

Areas Under Section 110(a)(1) of Clean 

Air Act, May 20, 2005—hereafter 

referred to as ‘‘Wegman Memorandum’’). 

On December 22, 2006, the United 

States Court of Appeals for the District 

of Columbia Circuit issued an opinion 

that vacated portions of EPA’s Phase I 

Rule. See South Coast Air Quality 

Management District. v. EPA, 472 F.3d 

882 (DC Cir. 2006). The Court vacated 

those portions of the Phase I Rule that 

provided for regulation of the 1997 

8-hour ozone nonattainment areas 

designated under Subpart 1 (of part D of 

the CAA), in lieu of Subpart 2 among 

other portions. The Court’s decision did 

not alter any 8-hour ozone attainment 

area requirements under the Phase I 

Rule for CAA section 110(a)(1) 

maintenance plans. EPA has determined 

that Kentucky’s May 27, 2008, proposed 

SIP revision satisfies the section 

110(a)(1) CAA requirements for a plan 

that provides for implementation, 

maintenance, and enforcement of the 

1997 8-hour ozone NAAQS in the 

Paducah attainment area. 

III. Today’s Action 

EPA is taking final action to approve 

the SIP revisions concerning the 

110(a)(1) maintenance plan addressing 

the 1997 8-hour ozone NAAQS for the 

Paducah Area. This maintenance plan 

was submitted to EPA on May 27, 2008, 

by the Commonwealth of Kentucky to 

ensure the continued attainment of the 

1997 8-hour ozone NAAQS through the 

year 2020. This approval action is based 

on EPA’s analyses of whether this 

request complies with section 110 of the 

CAA and section 51.905(a)(4). EPA’s 

analyses for the Commonwealth of 

Kentucky’s submittal are described in 

detail in the proposed rule published 

January 4, 2010 (75 FR 97). 

The comment period for this 

proposed action closed on February 3, 

2010. EPA did not receive any 

comments, adverse or otherwise, during 

this public comment period. However, 

EPA noticed an inadvertent omission of 

the July 15, 2009, supplement that 

Kentucky provided from the electronic 

docket at http://www.regulations.gov. 

Since EPA referenced this supplement 

in the January 4, 2010, proposed 

rulemaking, EPA reopened the public 

comment period for this proposed 

action for the limited purpose of 

allowing the public the opportunity to 

review and consider this supplemental 

information in regards to EPA’s 

proposed rulemaking (75 FR 8574). 

EPA’s reopening of the comment period 

ended on March 25, 2010. During this 

additional comment period, EPA did 

not receive any comments. 

In support of this final action, the 

Commonwealth of Kentucky provided 

an analysis of emissions differences for 

the highway mobile source emissions 

using a Reid Vapor Pressure (RVP) level 

of 9.0 pounds per square inch (psi), 

which is the applicable standard during 

the regulatory control period (i.e., May 

1st through September 15th). See 40 

CFR 80.27. In its original submission, 

the Commonwealth of Kentucky had 

modeled 8.6 psi based on historical 

information that indicated that summer 

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Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 52469 

time RVP supplied to the Paducah Area 

averaged 8.6 psi. EPA considers the 

original submittal to model a more 

stringent RVP; however, in order to 

ensure that Kentucky could demonstrate 

attainment with a higher RVP, Kentucky 

provided the supplemental information. 

Subsequently, the Commonwealth of 

Kentucky provided modeling at the 9.0 

psi level. EPA reviewed this additional 

information and noted that there was no 

change in emissions for nitrogen oxides 

(NOX) and a slight increase (less than a 

tenth of a ton per day) in emissions of 

volatile organic compounds (VOC) with 

RVP at the 9.0 psi level as compared to 

the 8.6 psi level. The difference in total 

highway emissions for each year 

emissions was provided and is included 

in the following table: 

PADUCAH AREA HIGHWAY MOBILE SOURCE EMISSIONS

[Tons per day] 

8.6 psi 9.0 psi Difference between 8.6 

psi & 9.0 psi 

VOC NOX VOC NOX VOC NOX

2002 ............................................................................................. 1.14 1.90 1.19 1.90 0.05 0.00 

2005 ............................................................................................. 1.62 3.36 1.67 3.36 0.05 0.00 

2008 ............................................................................................. 1.47 3.00 1.52 3.00 0.05 0.00 

2011 ............................................................................................. 1.32 2.49 1.36 2.49 0.04 0.00 

2014 ............................................................................................. 1.14 1.90 1.19 1.90 0.05 0.00 

2017 ............................................................................................. 1.04 1.51 1.07 1.52 0.03 0.01 

2020 ............................................................................................. 0.94 1.27 0.97 1.27 0.03 0.00 

EPA has made the determination that, 

even with the slight increase in VOC 

emissions due to the difference of 

modeling 9.0 psi versus 8.6 psi, 

Kentucky has demonstrated continued 

maintenance for the 1997 8-hour 

NAAQS for the Paducah Area. Further, 

EPA believes that Kentucky’s 110(a)(1) 

submission for the Paducah Area meets 

the CAA requirements in addition to 

EPA policy and guidance. 

IV. Final Action 

Pursuant to Section 110 of the CAA, 

EPA is approving the maintenance plan 

addressing the 1997 8-hour ozone 

NAAQS for the Paducah Area, which 

was submitted by Kentucky on May 27, 

2008, and ensures continued attainment 

of the 1997 8-hour ozone NAAQS 

through the year 2020. EPA has 

evaluated the Commonwealth’s 

submittal and has determined that it 

meets the applicable requirements of the 

CAA and EPA regulations, and is 

consistent with EPA policy. EPA’s 

rationale is explained in the proposed 

action. 

On March 12, 2008, EPA issued a 

revised ozone NAAQS. EPA 

subsequently announced a 

reconsideration of the 2008 NAAQS, 

and proposed new 8-hour ozone 

NAAQS in January 2010. A final 8-hour 

ozone NAAQS is expected in August 

2010. The current action, however, is 

being taken to address requirements 

under the 1997 ozone NAAQS. 

Requirements for the Paducah Area 

under the 2010 NAAQS will be 

addressed in the future. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 CAA. 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 CAA; 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). 

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52470 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 

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 October 25, 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. 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 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 11, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

■ 2. Section 52.920(e), is amended by 

adding a new entry for the ‘‘Paducah 8- 

Hour Ozone Attainment/1–Hour Ozone 

Maintenance Plan Section 110(a)(1)’’ at 

the end of the table to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective date EPA approval date Explanation 

*******

Paducah 8-Hour Ozone Attainment/1-Hour Ozone 

Maintenance Plan Section 110(a)(1).

Marshall and Livingston 

Counties.

May 27, 2008 ............... August 26, 2010 [insert 

citation of publication].

[FR Doc. 2010–21107 Filed 8–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0113–200709(c); 

FRL–9193–5] 

Approval and Promulgation of 

Implementation Plans Georgia: State 

Implementation Plan Revision; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On February 9, 2010, EPA 

published a direct final rule approving 

revisions to the Georgia State 

Implementation Plan submitted by the 

Georgia Environmental Protection 

Division on September 26, 2006, with a 

clarifying revision submitted on 

November 6, 2006. This action corrects 

a typographical error in the regulatory 

text in Table (c) of the aforementioned 

Federal Register notice. 

DATES: This action is effective August 

26, 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, 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 Table (c) of Georgia’s 

Identification of Plan section at 40 CFR 

52.570. The direct final action which 

approved the addition of new rule 

391–3–1–.02(2)(rrr), ‘‘NOX Emissions 

from Small Fuel-Burning Equipment,’’ 

was approved by EPA on February 9, 

2010 (75 FR 6309). However, EPA 

inadvertently listed new rule (rrr) as 

being revised, rather than added as a 

new entry, in Table (c). Therefore, EPA 

is correcting this typographical error by 

clarifying that rule 391–3–1–.02(2)(rrr) 

is being added as a new entry to Table 

(c)—EPA Approved Georgia 

Regulations. 

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 

addition of new rule 

391–3–1–.02(2)(rrr), in Table (c) of the 

rulemaking, has no substantive impact 

on EPA’s February 9, 2010, 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 table 

entry, 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 rule 

391–3–1–.–2(2)(rrr) to the Georgia SIP. 

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 a typographical error in 

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