23130 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

PART 20—BOARD OF VETERANS’ 

APPEALS: RULES OF PRACTICE 

■ 3. The authority citation for part 20 

continues to read as follows: 

Authority: 38 U.S.C. 501(a) and as noted 

in specific sections. 

Subpart H—Hearings on Appeal 

■ 4. Revise § 20.706 to read as follows: 

§ 20.706 Rule 706. Functions of the 

presiding Member. 

The presiding Member of a hearing 

panel is responsible for the conduct of 

the hearing, administration of the oath 

or affirmation, and for ruling on 

questions of procedure. The presiding 

Member will assure that the course of 

the hearing remains relevant to the 

issue, or issues, on appeal and that there 

is no cross-examination of the parties or 

witnesses. The presiding Member will 

take such steps as may be necessary to 

maintain good order at hearings and 

may terminate a hearing or direct that 

the offending party leave the hearing if 

an appellant, representative, or witness 

persists in disruptive behavior. 

■ 5. Amend the table in Appendix A to 

Part 20 by: 

■ a. Adding entry 20.1. 

■ b. Revising entry 20.1304. 

The revision and addition read as 

follows: 

APPENDIX A TO PART 20—CROSSREFERENCES 

Sec. Cross-reference Title of cross-referenced material or comment 

20.1 ........................................................ 38 CFR 3.103(a) .................................... Statement of policy. 

* * * * * * * 

20.1304 .................................................. 38 CFR 3.103(c), 20.700–20.717 .......... See also re hearings. 

38 CFR 3.156 ........................................ New and material evidence. 

38 CFR 3.160(e) .................................... Reopened claim. 

38 CFR 20.305 ...................................... Rule 305. Computation of time limit for filing. 

38 CFR 20.306 ...................................... Rule 306. Legal holidays. 

[FR Doc. 2012–9295 Filed 4–17–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2011–0711; FRL–9660–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Determination of 

Attainment of the One-hour Ozone 

Standard for the Greater Connecticut 

Area; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction of docket 

number. 

SUMMARY: This document corrects an 

error in the docket number of a final 

rule pertaining to a determination that 

the Greater Connecticut serious onehour ozone nonattainment area did not 

meet the applicable deadline of 

November 15, 2007, for attaining the 

one-hour National Ambient Air Quality 

Standard (NAAQS) for ozone. In 

addition, that same final rule 

determined that the Greater Connecticut 

serious one-hour ozone nonattainment 

area is currently attaining the now 

revoked one-hour NAAQS for ozone. 

The correct docket number for this 

action is EPA–R01–OAR–2011–0711. 

DATES: This correction is effective on 

April 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, email Burkhart.

Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: On, March 

16, 2012 (77 FR 15607), EPA published 

a final rulemaking notice announcing 

that the Greater Connecticut one-hour 

ozone nonattainment area did not meet 

its applicable one-hour ozone 

attainment date of November 15, 2007, 

based on 2005–2007 quality-assured 

ozone monitoring data. Separate from 

and independent of the first 

determination, EPA also determined 

that the Greater Connecticut one-hour 

ozone nonattainment area is currently 

attaining the one-hour ozone standard, 

based on the most recent three years 

(2008–2010) of complete, qualityassured ozone monitoring data at all 

monitoring sites in the area. In the 

March 16, 2012 final rulemaking, EPA 

inadvertently stated an incorrect docket 

number. The correct docket number for 

this action is EPA–R01–OAR–2011– 

0711. The Notice of Proposed 

Rulemaking (NPR) for this action (76 FR 

72377; November 23, 2011) included the 

correct docket number. Thus, the public 

had appropriate opportunity to 

comment on the NPR. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Incorporation 

by reference, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 5, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2012–9222 Filed 4–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0243; FRL–9659–8] 

Revisions to the California State 

Implementation Plan, Northern Sierra 

and Sacramento Metropolitan Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Northern Sierra Air Quality 

Management District (NSAQMD) and 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern negative declarations 

for volatile organic compound (VOC) 

source categories for the NSAQMD and 

SMAQMD. We are approving these 

negative declarations under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on June 18, 

2012 without further notice, unless EPA 

receives adverse comments by May 18, 

2012. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23131 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0243, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What negative declarations did the State 

submit? 

B. Are there other versions of these 

negative declarations? 

C. What is the purpose of the submitted 

negative declarations? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

B. Do the negative declarations meet the 

evaluation criteria? 

C. Public Comment and Final Action 

III. Administrative Requirements 

I. The State’s Submittal 

A. What negative declarations did the 

State submit? 

Table 1 lists the negative declarations 

we are approving with the dates that 

they were adopted by the NSAQMD and 

SMAQMD and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

NSAQMD ..................... Fiberglass Boat Manufacturing Materials ...................................................................... 04/25/11 05/17/11 

NSAQMD ..................... Miscellaneous Industrial Adhesives ............................................................................... 04/25/11 05/17/11 

NSAQMD ..................... Automobile and Light-Duty Truck Assembly Coatings .................................................. 04/25/11 05/17/11 

NSAQMD ..................... Industrial Cleaning Solvents .......................................................................................... 05/19/08 08/14/08 

NSAQMD ..................... Offset Lithographic Printing and Letterpress Printing .................................................... 05/19/08 08/14/08 

NSAQMD ..................... Flexible Package Printing .............................................................................................. 05/19/08 08/14/08 

NSAQMD ..................... Flat Wood Paneling Coatings ........................................................................................ 05/19/08 08/14/08 

NSAQMD ..................... Paper, Film, and Foil Coatings ...................................................................................... 05/19/08 08/14/08 

NSAQMD ..................... Large Appliance Coatings .............................................................................................. 05/19/08 08/14/08 

NSAQMD ..................... Metal Furniture Coatings ............................................................................................... 05/19/08 08/14/08 

SMAQMD .................... Coating Operations at Aerospace Manufacturing and Rework Operations .................. 10/27/11 01/12/12 

On November 17, 2011, the submittal 

for Northern Sierra AQMD Negative 

Declarations submitted on May 17, 2011 

was deemed by operation of law to meet 

the completeness criteria in 40 CFR Part 

51 Appendix V, which must be met 

before formal EPA review. 

On February 17, 2009, the submittal 

for Northern Sierra AQMD Negative 

Declarations submitted on August 14, 

2008 was deemed by operation of law to 

meet the completeness criteria in 40 

CFR Part 51 Appendix V, which must be 

met before formal EPA review. 

On February 21, 2012, EPA 

determined that the Sacramento 

Metropolitan AQMD Negative 

Declaration submitted on January 12, 

2012, met the completeness criteria in 

40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of these 

negative declarations? 

There are no previous versions of 

these negative declarations. 

C. What is the purpose of the submitted 

negative declarations? 

The negative declarations were 

submitted to meet the requirements of 

CAA section 182(b)(2). Ozone 

Nonattainment areas classified at 

moderate and above are required to 

adopt volatile organic compound (VOC) 

regulations for the published Control 

Techniques Guidelines (CTG) categories 

and for major non-CTG sources of VOC 

or NOX. If a nonattainment area does not 

have stationary sources covered by an 

EPA published CTG, then the area is 

required to submit a negative 

declaration. The negative declarations 

were submitted because there are no 

applicable sources within the NSAQMD 

and SMAQMD jurisdictions. EPA’s 

technical support documents (TSD) 

have more information about these 

negative declarations. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the negative 

declarations? 

The negative declarations are 

submitted as SIP revisions and must be 

consistent with Clean Air Act 

requirements for Reasonably Available 

Control Technology (RACT) (see section 

182(b)(2)) and SIP relaxation (see 

sections 110(1) and 193.) To do so, the 

submittal should provide reasonable 

assurance that no sources subject to the 

CTG requirements currently exist or are 

planned for the NSAQMD and 

SMAQMD. 

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23132 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

B. Do the negative declarations meet the 

evaluation criteria? 

We believe these negative 

declarations are consistent with the 

relevant policy and guidance regarding 

RACT and SIP relaxations. The TSDs 

have more information on our 

evaluation. 

C. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted negative declarations as 

additional information to the SIP 

because we believe they fulfill all 

relevant requirements. We do not think 

anyone will object to this approval, so 

we are finalizing it without proposing it 

in advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of these negative declarations. 

If we receive adverse comments by May 

18, 2012, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

June 18, 2012. 

III. Administrative Requirements 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

and 

• Does not interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 18, 2012. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 29, 2012. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of FederalRegulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.222 is amended by 

adding paragraphs (a)(2)(ii) and (a)(9) to 

read as follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(2) * * * 

(ii) Coating Operations at Aerospace 

Manufacturing and Rework Operations 

was submitted on January 12, 2012 and 

adopted on October 27, 2011. 

* * * * * 

(9) Northern Sierra Air Quality 

Management District. 

(i) Flexible Package Printing, Flat 

Wood Paneling Coatings, Paper, Film, 

and Foil Coatings, Large Appliance 

Coatings, Metal Furniture Coatings, 

Industrial Cleaning Solvents, and Offset 

Lithographic Printing and Letterpress 

Printing were submitted on August 14, 

2008 and adopted on May 19, 2008. 

(ii) Fiberglass Boat Manufacturing 

Materials, Miscellaneous Industrial 

Adhesives, and Automobile and LightDuty Truck Assembly Coatings were 

submitted on May 17, 2011 and adopted 

on April 25, 2011. 

* * * * * 

[FR Doc. 2012–9078 Filed 4–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

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