Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9441 

east end of the Elizabeth City Bascule 

Bridges. 

(46) Currituck Sound, Corolla, NC, 

Safety Zone. All waters of the Croatan 

Sound within a 300 yard radius of the 

fireworks barge in approximate position 

36°22′48′′ N, 075°51′15′′ W (Datum NAD 

1983). 

(47) Middle Sound, Figure Eight 

Island, NC, Safety Zone. All waters of 

the Figure Eight Island Causeway 

Channel from latitude 34°16′32′′ N, 

077°45′32′′ W, thence east along the 

marsh to a position located at 34°16′19′′ 

N, 077°44′55′′ W, thence south to the 

causeway at position 34°16′16′′ N, 

077°44′58′′ W, thence west along the 

shoreline to position 34°16′29′′ N, 

077°45′34′′ W, (Datum NAD 1983), 

thence back to the point of origin. 

(48) Pamlico River, Washington, NC, 

Safety Zone. All waters of the Pamlico 

River that fall within a 300 yard radius 

of the fireworks launch site at 35°32′19′′ 

N, 077°03′20.5′′ W (Datum NAD 1983), 

located 500 yards north of Washington 

railroad trestle bridge. 

(49) Neuse River, New Bern, NC, 

Safety Zone. All waters of the Neuse 

River within a 360 yard radius of the 

fireworks barge in approximate position 

35°06′07.1′′ N, 077°01′35.8′′ W (Datum 

NAD 1983); located 420 yards north of 

the New Bern, Twin Span, high rise 

bridge. 

(b) Notification. (1) Fireworks barges 

and launch sites on land in paragraph 

(a) of this section will have a sign on the 

port and starboard side of the barge or 

mounted on a post 3 foot above ground 

level when on land and facing the water 

labeled ‘‘FIREWORKS—DANGER—

STAY AWAY’’. This will provide on 

scene notice that the safety zone will be 

enforced on that day. This notice will 

consist of a diamond shaped sign 4 foot 

by 4 foot with a 3-inch orange retro 

reflective border. The word ‘‘DANGER’’

shall be 10 inch black block letters 

centered on the sign with the words 

‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in 

6 inch black block letters placed above 

and below the word ‘‘DANGER’’

respectively on a white background. 

(2) Coast Guard Captains of the Port 

in the Fifth Coast Guard District will 

notify the public of the enforcement of 

these safety zones by all appropriate 

means to effect the widest publicity 

among the affected segments of the 

public. Publication in the local notice to 

mariners, marine information 

broadcasts, and facsimile broadcasts 

may be made for these events, beginning 

24 to 48 hours before the event is 

scheduled to begin, to notify the public. 

(c) Enforcement Period. The safety 

zones in paragraph (a) of this section 

will be enforced from 5:30 p.m. to 1 a.m. 

each day a barge with a ‘‘FIREWORKS—

DANGER—STAY AWAY’’ sign on the 

port and starboard side is on-scene or a 

‘‘FIREWORKS—DANGER—STAY 

AWAY’’ sign is posted on land, in a 

location listed in paragraph (a) of this 

section. Vessels may not enter, remain 

in, or transit through the safety zones 

during these enforcement periods unless 

authorized by the Captain of the Port or 

designated Coast Guard patrol personnel 

on scene. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on-scene-patrol personnel. 

Those personnel are compromised of 

commissioned, warrant, and petty 

officers of the Coast Guard. Other 

Federal, State and local agencies may 

assist these personnel in the 

enforcement of the safety zone. Upon 

being hailed by the U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of a vessel 

shall proceed as directed. 

(e) Definitions. 

Captain of the Port means any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his or her 

behalf. 

State or local law enforcement officers 

mean any State or local government law 

enforcement officer who has the 

authority to enforce State criminal laws. 

Dated: February 14, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–3637 Filed 3–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2006–0921; FRL–8282–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendments to VOC and NOX

Emission Control Areas and VOC 

Control Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Virginia. These revisions amend 

existing volatile organic compound 

(VOC) and nitrogen oxide (NOX) 

emissions control areas, and amend 

certain VOC and NOX regulations in 

order to manage the extension of 

applicability of these provisions to the 

amended VOC and NOX emission 

control areas. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

EFFECTIVE DATE: This final rule is 

effective on April 2, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2006–0921. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) 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 through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Wentworth, (215) 814–2034, or by 

e-mail at wentworth.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 26, 2006 (71 FR 77353), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of amendments to 9 

VAC 5 Chapter 20, Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Control Areas, (9 VAC 5–20–

206), and also proposed approval of 

amendments to 9 VAC 5 Chapter 40, 

Articles 4, Emission Standards for 

General Process Operations; Article 36, 

Emission Standards for Flexographic, 

Packaging Rotogravure, and Publication 

Rotogravure Printing Lines; Article 37, 

Emission Standards for Petroleum 

Liquid Storage and Transfer Operations; 

and Article 53, Emission Standards for 

Lithographic Printing Processes. The 

formal SIP revisions were submitted by 

the Commonwealth of Virginia on 

September 12, 2006, and October 2, 

2006. 


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II. Summary of SIP Revisions 

The September 12, 2006 formal SIP 

revision consists of amendments to 9 

VAC 5–20–206 of Chapter 20, Volatile 

Organic Compound and Nitrogen 

Oxides Emission Control Areas. 

Specifically, this revision creates a new 

VOC and NOX emissions control area 

(the Fredericksburg Area), consisting of 

Spotsylvania County and 

Fredericksburg City, and expands the 

existing Richmond VOC and NOX

Emissions Control Areas to include 

Prince George County and Petersburg 

City. In addition this revision expands 

the existing Hampton Roads VOC and 

NOX Emissions Control Areas to include 

Gloucester and Isle of Wight Counties. 

These amendments are necessary to 

implement VOC control and 

contingency measures within the 8-hour 

ozone nonattainment areas and 1-hour 

ozone maintenance areas. 

The October 2, 2006 formal SIP 

revision consists of amendments to 9 

VAC 5 Chapter 40 that implement nonCTG and CTG VOC RACT control 

requirements within those areas that are 

designated as VOC emissions control 

areas. While most of the Chapter 40 

rules apply to sources of VOCs in VOC 

emissions control areas designated in 

Chapter 20, 9 VAC 5–206, certain 

Chapter 40 rules (specifically Articles 4, 

36, 37, and 53) have provisions 

mandating that these regulations apply 

only to certain VOC and NOX emission 

control areas. Article 4, Emission 

Standards for General Process 

Operations is being amended to ensure 

that VOC RACT is not required from 

large VOC sources in the new areas 

within the expanded Richmond VOC 

Emissions Control Areas; Article 36, 

Packaging and Publishing Rotogravure 

Printing, and Flexographic Printing, is 

being amended to add appropriate 

exemptions for small facilities in those 

VOC emissions control areas that 

currently have no such exemptions; and 

Article 37, Storage or Transfer of 

Petroleum Liquids, is also being 

amended to ensure that Stage II Vapor 

Recovery is not required at gasoline 

dispensing stations in the new areas 

within the expanded Richmond VOC 

Emissions Control Area. Lastly, Article 

53, Lithographic Printing, is being 

amended to apply in all VOC emissions 

control areas instead of just in the 

Northern Virginia and Richmond VOC 

Emissions Control Areas, and is also 

being amended to provide appropriate 

exemptions for small facilities in the 

newly applicable VOC emissions 

control areas. In this rulemaking, EPA is 

also recodifying the lithographic 

printing rule (9 VAC 5–40–7800–7940, 

inclusive) as Article 53 and Rule 4–53. 

Other specific requirements and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

III. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information (1) 

that are generated or developed before 

the commencement of a voluntary 

environmental assessment; (2) that are 

prepared independently of the 

assessment process; (3) that demonstrate 

a clear, imminent and substantial 

danger to the public health or 

environment; or (4) that are required by 

law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

law,Va. Code Sec. 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal counterparts 

* * * .’’ The opinion concludes that 

‘‘[r]egarding § 10.1–1198, therefore, 

documents or other information needed 

for civil or criminal enforcement under 

one of these programs could not be 

privileged because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’

Virginia’s Immunity law, Va. Code 

Sec. 10.1–1199, provides that ‘‘[t]o the 

extent consistent with requirements 

imposed by Federal law,’’ any person 

making a voluntary disclosure of 

information to a state agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General’s January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any Federally authorized 

programs, since ‘‘no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with Federal law, which is one of the 

criteria for immunity.’’

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

Clean Air Act, including, for example, 

sections 113, 167, 205, 211 or 213, to 

enforce the requirements or prohibitions 

of the state plan, independently of any 

state enforcement effort. In addition, 

citizen enforcement under section 304 

of the Clean Air Act is likewise 

unaffected by this, or any, state audit 

privilege or immunity law. 

IV. Final Action 

EPA is approving Virginia SIP 

revisions submitted on September 12, 

and October 2, 2006, amending the VOC 

and NOX emission control areas found 

in Chapter 20, and amending certain 

provisions found in Chapter 40 which 

implement non-CTG and CTG VOC 

RACT control requirements within 

certain areas designated as VOC 

emissions control areas. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 


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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9443 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). This rule also does not 

have tribal implications because it will 

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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act. This rule also is 

not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997), because it 

approves a state rule implementing a 

Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 May 1, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, 

pertaining to amendments to Chapter 20 

and Chapter 40 of Virginia’s regulations, 

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, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 21, 2007. 

Donald S. Welsh, 

Regional Administrator, Region III. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by: 

■ a. Revising the entries for 5–20–206, 

5–40–300, 5–40–5060, and 5–40–5200. 

■ b. For Chapter 40, Part II, removing 

the entry for Article 45 and replacing it 

with an entry for Article 53. 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation 

(9 VAC 5) Title/subject State effective date 

EPA approval 

date Explanation [former SIP citation] 

* * * * * * * 

Chapter 20—General Provisions 

* * * * * * * 

Part II—Air Quality Programs 

* * * * * * * 

5–20–206 .................. Volatile organic compound and 

nitrogen oxides emissions 

control areas.

10/04/06 3/2/07 [Insert page number 

where the document begins].

Addition of new Fredericksburg 

area and expansion of Richmond and Hampton Roads 

emission control areas 


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9444 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation 

(9 VAC 5) Title/subject State effective date 

EPA approval 

date Explanation [former SIP citation] 

* * * * * * * 

Chapter 40—Existing Stationary Sources 

* * * * * * * 

Part II—Emission Standards 

* * * * * * * 

Article 4—Emission Standards for General Process Operations (Rule 4–4) 

* * * * * * * 

5–40–300 .................. Standard for volatile organic 

compounds.

10/04/06 3/2/07 [Insert page number 

where the document begins.

* * * * * * * 

Article 36—Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4–36) 

5–40–5060 ................ Applicability and designation of 

affected facility.

04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

* * * * * * * 

Article 37—Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4–37) 

5–40–5200 ................ Applicability and designation of 

affected facility.

04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

* * * * * * * 

Article 53—Emission Standards for Lithographic Printing Processes (Rule 4–53) [Formerly Article 45] 

5–40–7800 ................ Applicability and designation of 

affected facility.

10/04/06 3/2/07 [Insert page number 

where the document begins.

Revised to include and exempt 

certain emission control areas. 

5–40–7810 ................ Definitions of ‘‘alcohol,’’ ‘‘Cleaning solution,’’ ‘‘fountain solution,’’ ‘‘lithographic printing,’’

‘‘printing process’’.

04/01/96 

10/04/06 

3/2/07 Insert page number 

where the document begins.

5–40–7820 ................ Standard for Volatile Organic 

Compounds.

04/01/96 

10/04/06 

3/2/07 Insert page number 

where the document begins.

5–40–7840 ................ Standard for Visible Emissions .. 04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7850 ................ Standard for Fugitive Dust Emissions.04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7880 ................ Compliance ................................ 10/04/06 3/2/07 [Insert page number 

where the document begins.

Revisions to compliance dates. 

5–40–7890 ................ Test Methods and Procedures ... 04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7900 ................ Monitoring ................................... 04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7910 ................ Notification, Records and Reporting.04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7920 ................ Registration ................................ 04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7930 ................ Facility and Control Equipment 

Maintenance and Malfunction.

04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

5–40–7940 ................ Permits ....................................... 04/01/96 

10/04/06 

3/2/07 [Insert page number 

where the document begins.

* * * * * * * 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9445 

* * * * * 

[FR Doc. E7–3586 Filed 3–1–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

48 CFR Chapter 44 

[Docket ID FEMA–2006–0033] 

RIN 1660–AA46 

Federal Emergency Management 

Agency (FEMA) Acquisition Regulation 

System; Removal of Chapter 44 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Direct final rule. 

SUMMARY: This direct final rule removes 

the Federal Emergency Management 

Agency Acquisition Regulation in its 

entirety. This removal is a result of the 

establishment of the Department of 

Homeland Security and its subsequent 

Homeland Security Acquisition 

Regulation supplement to the Federal 

Acquisition Regulation. 

DATES: This rule is effective May 1, 

2007, unless adverse comment is 

received by April 2, 2007. If adverse 

comment is received, FEMA will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by Docket ID FEMA–2006–

0033, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: FEMA-RULES@dhs.gov. 

Include Docket ID FEMA–2006–0033 in 

the subject line of the message. 

Fax: 866–466–5370. 

Mail/Hand Delivery/Courier: Rules 

Docket Clerk, Office of Chief Counsel, 

Federal Emergency Management 

Agency, Room 835, 500 C Street, SW., 

Washington, DC 20472. 

Instructions: All Submissions 

received must include the agency name 

and Docket ID. Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, and will include 

any personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to read 

the Privacy Act notice that is available 

on the Privacy and Use Notice link on 

the Administration Navigation Bar of 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments may also be inspected at 

FEMA. 

FOR FURTHER INFORMATION CONTACT: 

Joyce M. Ard, Federal Emergency 

Management Agency, 500 C Street, SW., 

Patriot Plaza Room 201, Washington, DC 

20472, (phone) 202–646–3213, 

(facsimile) 202–646–2928, or (e-mail) 

joyce.ard@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) is issuing this action as a direct 

final rule without prior proprosal 

because FEMA believes that this action 

is not controversial and will not result 

in any adverse comments. This direct 

final rule removes the FEMA 

Acquisition Regulation (FEMAAR) at 48 

CFR Chapter 44 in its entirety. 

(FEMAAR was published in 50 FR 

31316, Aug. 1, 1985, and amended at 55 

FR 28206, July 10, 1990). The specific 

language and subsequent clauses are 

removed as a result of the transfer of 

FEMA to the Department of Homeland 

Security (DHS) on March 1, 2003. The 

Homeland Security Acquisition 

Regulation (HSAR), 48 CFR Chapter 30, 

issued in 68 FR 67867, Dec. 4, 2003 and 

amended as a final rule in 71 FR 25759, 

May 2, 2006, 71 FR 48800, Aug. 22, 

2006 and in 72 FR 1296, Jan. 11, 2007 

established a uniform department-wide 

acquisition regulation for DHS and for 

purposes of 48 CFR Chapter 30 listed all 

entities for which the chapter applied to 

include FEMA. 

FEMA believes it is important to make 

this action effective as soon as possible 

not only to remove inapplicable 

regulatory text, but to be consistent with 

DHS uniform department-wide 

acquisition regulations. For these 

reasons, FEMA believes that it is 

appropriate to issue this rule as a direct 

final rule. This rule conforms with the 

good cause exemption under section 

553(b)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(B)), 

because notice and comment is 

unnecessary. As stated above, this 

rulemaking simply completes an 

administrative task by removing 

inapplicable and inconsistent regulatory 

text. However, if FEMA receives a 

significant adverse comment within 30 

days of publication of this direct final 

rule, FEMA will publish a timely notice 

of withdrawal in the Federal Register. If 

FEMA receives no significant adverse 

comment, before the effective date, 

FEMA will publish a document in the 

Federal Register stating that no adverse 

comment was received and confirming 

that this rule will be effective as 

scheduled. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

mandates that an agency conduct a RFA 

analysis when an agency is ‘‘required by 

section 553 * * * to publish general 

notice of proposed rulemaking for any 

proposed rule.’’ 5 U.S.C. 603(a). 

Accordingly, RFA analysis is not 

required when a rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553(b). Here, FEMA is issuing 

this action as a direct final rule without 

prior proposal because FEMA believes 

that this action is not controversial and 

will not result in any adverse 

comments. Moreover, as stated 

previously, good cause exists under 5 

U.S.C. 553(b)(B) to exempt this rule 

from the notice and comment 

requirements of 5 U.S.C. 553(b). 

Therefore no RFA analysis under 5 

U.S.C. 603 is required for this rule. 

Executive Order 12866—Regulatory 

Planning and Review 

Under Executive Order 12866, 58 FR 

51735, Oct. 4, 1993, a ‘‘significant 

regulatory action’’ is subject to Office of 

Management and Budget (OMB) review 

and the requirements of Executive Order 

12866. Section 3(f) of the Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan 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. 

Sections 503(1), 701(a)(2), 1511(d)(2) 

of the Homeland Security Act, 6 U.S.C. 

313(1), 341(a)(2), 551(d)(2), established 

FEMA as a component within DHS. As 

a DHS component FEMA adheres to the 

HSAR, 48 CFR 3001.105–2(a) and 

3001.301(a)(1). This direct final rule 

removes the FEMAAR as a result of the 

establishment of FEMA as a DHS 

component. Therefore, this rulemaking 

is not considered to be an economically 

significant regulatory action under 


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