Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 19383 

49 U.S.C. 106(g), 40113, 40119, 41706, 

44101, 44701–44702, 44705, 44709–

44711, 44713, 44716–44717, 44722, 

46105, grants authority to the 

Administrator to publish this notice. 

The final rule (72 FR 6884) became 

effective on March 15, 2007, and the 

compliance date for information 

collection requirements in 14 CFR 

91.146, 91.147, 136.7, and 136.13 is 

April 18, 2007. 

Issued in Washington, DC, on April 12, 

2007. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E7–7300 Filed 4–17–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AM12 

Veterans’ Education: Transfer of 

Montgomery GI Bill-Active Duty 

Entitlement to Dependents; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting amendment. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a document in 

the Federal Register on December 18, 

2006 (71 FR 75672), implementing VA’s 

authority under the National Defense 

Authorization Act for Fiscal Year 2002 

and the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 

to provide educational assistance to 

dependents eligible for transferred 

Montgomery GI Bill—Active Duty 

(MGIB) entitlement. In that document, 

we assigned the wrong paragraph 

designations to three paragraphs in 

§ 21.7136(d)(6). This document corrects 

that error. 

DATES: Effective Date: April 18, 2007. 

Applicability Date: December 18, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Devon E. Seibert, Management and 

Program Analyst, Education Service, 

Veterans Benefits Administration, 

Department of Veterans Affairs (225C), 

810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 273–9677. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: The VA 

published a document in the Federal 

Register on December 18, 2006, 72 FR 

75672, revising its education regulations 

to implement VA’s authority under the 

National Defense Authorization Act for 

Fiscal Year 2002 and the Bob Stump 

National Defense Authorization Act for 

Fiscal Year 2003 to provide educational 

assistance to dependents eligible for 

transferred Montgomery GI Bill-Active 

Duty entitlement. In that document, we 

assigned the wrong paragraph 

designations for three paragraphs in 

§ 21.7136(d)(6). This document corrects 

that error by redesignating paragraphs 

(d)(6)(v) through (d)(6)(vii) as 

paragraphs (d)(6)(i) through (d)(6)((iii), 

respectively. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflicts of interest, Education, 

Employment, Grant programseducation, Grant programs-veterans, 

Health care, Loan programs-education, 

Loan programs-veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: April 12, 2007. 

William F. Russo, 

Director of Regulations Management. 

■ For the reasons set out in the 

preamble, VA is correcting 38 CFR part 

21 (subpart K) as set forth below: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart K—All Volunteer Force 

Educational Assistance Program 

(Montgomery GI Bill—Active Duty) 

■ 1. The authority citation for part 21, 

subpart K continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 30, 36, 

unless otherwise noted. 

■ 2. Amend § 21.7136 by redesignating 

paragraphs (d)(6)(v) through (d)(6)(vii) 

as (d)(6)(i) through (d)(6)(iii), 

respectively. 

[FR Doc. E7–7338 Filed 4–17–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2005–UT–0001; UT–001–

0052a; EPA–R08–OAR–2006–0564; EPA–

R08–OAR–2005–UT–0006; FRL–8300–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; State Implementation Plan 

Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical corrections. 

SUMMARY: When EPA approved Utah’s 

Rule Recodification on February 14, 

2006, we inadvertently incorporated by 

reference rules into the State 

Implementation Plan (SIP). When EPA 

approved Utah’s Continuous Emission 

Monitoring Program on May 15, 2003, 

we inadvertently failed to remove the 

older version of the Continuous 

Emission Monitoring Program rule from 

the SIP. When EPA approved Revisions 

to the Utah Administrative Code on 

November 1, 2006, we inadvertently 

incorporated by reference incorrect state 

rules. Finally, when EPA approved 

Carbon Monoxide provisions for Provo, 

we inadvertently failed to remove the 

older version of Control Measures For 

Area and Point Sources—Carbon 

Monoxide—Provo. EPA is correcting 

these errors with this document. 

DATES: This rule is effective on May 18, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Kerri Fiedler, Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P–

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, phone (303) 312–

6493, and e-mail at: 

fiedler.kerri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Correction 

a. Rule Recodification 

b. Continuous Emission Monitoring 

Program 

c. Revisions to the Utah Administrative 

Code 

d. Carbon Monoxide Provisions for Provo 

II. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The word State means the State 

of Utah, unless the context indicates 

otherwise. 

Section 553 of the Administrative 

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

(d)(3), provides that, when an agency for 

good cause finds that notice and public 

procedures are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comments. 


rmajette on PROD1PC67 with RULES
19384 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 

Section 553(d)(3) provides that prior 

notice is not required with good cause. 

We have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting incorrect text in previous 

rulemakings. Thus, notice and public 

comment procedures are unnecessary. 

We find that this constitutes good cause 

under 5 U.S.C. 553(b)(B) and (d)(3). 

I. Correction 

a. Rule Recodification 

On November 2, 2005 (70 FR 66264), 

EPA approved the removal of Rule 

R307–301 from the Federally-approved 

SIP as part of Utah’s Redesignation of 

Provo to Attainment of the Carbon 

Monoxide standard. When EPA 

approved Utah’s Rule Recodification on 

February 14, 2006 (71 FR 7679), Rules 

R307–301–1, R307–301–2, and R307–

301–4 through R307–301–14 were 

inadvertently incorporated by reference 

back into Utah’s federally-approved SIP. 

This corrections rule simply removes 

the following from 40 CFR 

52.2320(c)(59)(i)(A): ‘‘R307–301–1, 

R307–301–2, and R307–301–4 through 

R307–301–14 effective November 12, 

1998.’’

Furthermore, on February 14, 2006 

(71 FR 7679), EPA inadvertently 

incorporated by reference Rule R307–

302–2(4). In the proposed rule on 

October 13, 2005 (70 FR 59681), page 

59684 clearly states EPA is approving 

Rule R307–302 with the exception of 

rule section R307–302–2(4). Currently 

40 CFR 52.2320(c)(59)(i)(A) contains the 

following phrase: ‘‘R307–302–1, R307–

302–2 and R307–302–4 effective 

September 15, 1998.’’ This corrections 

rule simply revises the phrase to read as 

follows: ‘‘R307–302–1, R302–302–2 

(except paragraph (4)) and R307–302–4 

effective September 15, 1998.’’

b. Continuous Emission Monitoring 

Program 

On December 14, 1994 (59 FR 64326), 

EPA approved Rule R307–1–4.06, 

‘‘Continuous Emission Monitoring 

Systems Program (CEMSP).’’ When EPA 

approved a revision to Utah’s 

Continuous Emission Monitoring 

Program (CEM), Rule R307–170 on May 

15, 2003 (68 FR 26210), Rule R307–1–

4.06 was superseded and replaced but 

was not removed from Utah’s federallyapproved SIP. This action simply 

removes Rule R307–1–4.06 from Utah’s 

federally-approved SIP. 

c. Revisions to the Utah Administrative 

Code 

On November 1, 2006 (71 FR 64125), 

EPA approved changes to Rules R307–

170–7(1); R307–170–4; R307–170–5(7); 

R307–170–7(6), R307–170–7(6)(a) and 

(b); and R307–170–9 sections (5)(a) and 

(b), (6)(b), (7)(b), and (9)(a). There is a 

typographical error and Rule R307–170–

9(5)(b) should have been Rule R307–

170–9(5)(d), which removes a duplicate 

‘‘and’’ from Utah’s rule. In addition, 

revisions to Rules R307–170–5(1)(b) and 

R307–170–9(7)(a)(i) should have been 

included in the November 1, 2006 

approval. Rule R307–170–5(1)(b) deletes 

an ‘‘a’’ and adds an ‘‘A’’. Rule R307–

170–9(7)(a)(i) deletes a space and adds 

a dash (‘‘-’’). Currently 40 CFR 

52.2320(c)(64)(i)(A) reads: ‘‘Utah 

Administrative Code sections: R307–

170–7(1); 307–170–4; R307–170–5(7); 

R307–170–7(6); R307–170–7(6)(a) and 

(b); and in R307–170–9 sections (5)(a) 

and (b), (6)(b), (7)(b), and (9)(a); effective 

January 5, 2006.’’ This action simply 

corrects 40 CFR 52.2320(c)(64)(i)(A) to 

read as follows: ‘‘Utah Administrative 

Code sections: R307–170–7(1); 307–

170–4; R307–170–5(1)(b); R307–170–

5(7); R307–170–7(6); R307–170–7(6)(a) 

and (b); and in R307–170–9 sections 

(5)(a) and (d), (6)(b), (7)(a)(i), (7)(b), and 

(9)(a); effective January 5, 2006.’’

d. Carbon Monoxide Provisions for 

Provo 

On June 25, 2003 (68 FR 37744), EPA 

approved Utah SIP Control Measures for 

Area and Point Sources—Carbon 

Monoxide—Provo—Section IX.C.6. 

When EPA approved Section IX.C.6—

Carbon Monoxide Provisions for Provo 

on November 2, 2005 (70 FR 66264) 

EPA inadvertently failed to remove the 

older SIP Section IX.C.6 from Utah’s 

federally-approved SIP. This action 

simply removes the June 25, 2003 

approved version of Utah SIP Control 

Measures for Area and Point Sources—

Carbon Monoxide—Provo—Section 

IX.C.6 from Utah’s federally-approved 

SIP because it has been replaced by a 

newer version. 

II. 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 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4, 209 Stat. 48 

(1995)). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

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 rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal Standard. 

This technical correction action does 

not involve technical standards; 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 also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issues under the Executive 

Order. This ruled does not impose an 


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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 19385 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act (CRA), 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public comment procedures are 

impracticable, unnecessary or contrary 

to the public interest. This 

determination must be supported by a 

brief statement, 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefore, and established an 

effective date of May 18, 2007. 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. These corrections to the 

identification of plan for Utah are not a 

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

804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 9, 2007. 

Kerrigan G. Clough, 

Acting Regional Administrator, Region VIII. 

■ Chapter I, title 40 of the Code of 

Federal Regulations 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 TT—UTAH 

■ 2. Section 52.2320 is amended as 

follows: 

■ a. In paragraph (c)(59)(i)(A) by 

removing the phrase ‘‘R307–301–1, 

R307–301–2, and R307–301–4 through 

R307–301–14 effective November 12, 

1998;’’ and by revising the phrase that 

reads ‘‘R307–302–1, R307–302–2 and 

R307–302–4 effective September 15, 

1998’’ to read ‘‘R307–302–1, R302–302–

2 (except paragraph (4)) and R307–302–

4 effective September 15, 1998.’’

■ b. By revising paragraph (c)(64)(i)(A) 

as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(64) * * * 

(i) * * * 

(A) Utah Administrative Code 

sections: R307–170–7(1); 307–170–4; 

R307–170–5(1)(b); R307–170–5(7); 

R307–170–7(6); R307–170–7(6)(a) and 

(b); and in R307–170–9 sections (5)(a) 

and (d), (6)(b), (7)(a)(i), (7)(b), and (9)(a); 

effective January 5, 2006. 

■ 3. Section 52.2352 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2352 Change to approved plan. 

* * * * * 

(f) Utah Administrative Code (UAC) 

rule R307–1–4.06, Continuous Emission 

Monitoring Systems Program (CEMSP), 

is removed from Utah’s approved State 

Implementation Plan (SIP). This rule 

has been superseded and replaced by 

rule R307–170, Continuous Emission 

Monitoring Program. 

[FR Doc. E7–7201 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 63 and 65 

[EPA–HQ–OAR–2004–0094; FRL–8301–2] 

RIN 2060–AO40 

National Emission Standards for 

Hazardous Air Pollutants: General 

Provisions: Notice of Decision Denying 

Petition for Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of decision denying 

petition for reconsideration. 

SUMMARY: On April 20, 2006, EPA 

published final rules entitled, ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: General Provisions.’’

Following that final action, the 

Administrator received a petition for 

reconsideration from Coalition for a Safe 

Environment (CFASE). CFASE’s petition 

for reconsideration can be found in the 

rulemaking docket under Docket ID No. 

EPA–HQ–OAR–2004–0094. After 

carefully considering the petition and 

information in the rulemaking docket, 

EPA is denying CFASE’s petition for 

reconsideration. 

ADDRESSES: The docket for EPA’s denial 

of CFASE’s petition for reconsideration 

is Docket ID No. EPA–HQ–OAR–2004–

0094. All documents in the docket are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information may not be 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 through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Docket ID No. 

EPA–HQ–OAR–2004–0094, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Colyer, U.S. EPA Office of Air 

Quality Planning and Standards, Sector 

Policies and Programs Division, 

Program Design Group (D205–02), 

Research Triangle Park, NC 27711; 

telephone number (919) 541–5262; fax 

number (919) 541–5600; e-mail address: 

colyer.rick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

In addition to being available in the 

docket, an electronic copy of today’s 

notice of EPA’s decision denying 

CFASE’s petition for reconsideration 

will also be available on the WWW 

through the Technology Transfer 

Network (TTN). Following signature, a 

copy of this notice will be posted on the 

TTN’s policy and guidance page for 

newly promulgated rules at http:// 

www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

Outline. The information presented in 

this preamble is organized as follows: 

I. General Information 

II. Background Information 

III. Basis for Denial of Reconsideration 

II. Background Information 

On April 20, 2006, EPA issued certain 

amendments to the 40 CFR parts 63 and 

65 startup, shutdown, and malfunction 

(SSM) general provisions requirements 

affecting sources subject to the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP). On June 19, 2006, 

EarthJustice filed a petition for review 

challenging those amendments in the 


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