20428 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 

extension and courses approved on the 

notice of approval sent to the 

educational institution pursuant to 

§ 21.4258 of this part. 

(f) Exceptions to the requirement that 

each location where the course or 

program is offered must have a 

certifying official on site. Exceptions to 

the requirement in paragraph (c) of this 

section, that each location with an 

approved course or program of 

education must have a certifying official 

on site, will be permitted for—

(1) Extensions of an educational 

institution when the State approving 

agency combines the approval of the 

courses offered by the extension with a 

branch campus or main campus. (See 

paragraph (e) of this section.) 

(2) Educational institutions with more 

than one campus within the same State 

if the main campus—

(i) Maintains a centralized 

recordkeeping system. (See paragraph 

(d)(1) of this section.); 

(ii) Has administrative capability for 

the branch campus (or branch 

campuses) within the same State; and 

(iii) Centralizes its certifying official 

function at the main campus. 

(3) Educational institutions with 

multi-state campuses when an 

educational institution wants to 

centralize its certifying official function 

into one or more locations if: 

(i) The educational institution 

submits all required reports and 

certifications that §§ 21.4203, 21.4204, 

21.5810, 21.5812, 21.7152, and 21.7652 

require via electronic submission 

through VA’s Internet-based education 

certification application; 

(ii) The educational institution 

designates an employee, at each 

teaching location of the educational 

institution that does not have a 

certifying official present, to serve as a 

point-of-contact for veterans, 

servicemembers, reservists, or other 

eligible persons; the certifying 

official(s); the State approving agency of 

jurisdiction; and VA. The designated 

employee must have access (other than 

to transmit certifications) to VA’s 

Internet-based education certification 

application to provide certification 

information to veterans, 

servicemembers, reservists, or other 

eligible persons, State approving agency 

representatives, and VA representatives; 

(iii) Each certifying official uses the 

VA facility code for the location that has 

administrative capability for the 

teaching location where the student is 

training when submitting required 

reports and certifications to VA; and 

(iv) Each certifying official has full 

access to the administrative records and 

accounts that § 21.4209 requires for each 

student attending the teaching 

location(s) for which the certifying 

official has been designated 

responsibility. These records may be 

originals, certified copies, or in an 

electronically formatted record keeping 

system. 

(Authority: 38 U.S.C. 3672) 

(The Office of Management and Budget 

has approved the information collection 

requirements in this section under 

control number 2900–0073) 

[FR Doc. E7–7810 Filed 4–24–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R03–OAR–2007–0254; FRL–8304–8] 

State Operating Permit Programs; 

Maryland; Revisions to the Acid Rain 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland operating permit program. 

The revisions amend the Code of 

Maryland Administrative Regulations’

(COMAR) incorporation by reference 

citations to ensure that future changes to 

the Federal Acid Rain program will 

continue to be incorporated into 

Maryland’s regulations. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act. 

DATES: This rule is effective on June 25, 

2007 without further notice, unless EPA 

receives adverse written comment by 

May 25, 2007. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2007–0254 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2007–0254, 

David Campbell, Chief, Permits and 

Technical Assessment Branch, Mailcode 

3AP11, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2007–

0254. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket. All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 


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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20429 

FOR FURTHER INFORMATION CONTACT: Paul 

Arnold, (215) 814–2194, or by e-mail at 

arnold.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 13, 2007, Maryland 

submitted a formal revision to its Title 

V operating permit program. The 

revisions amend The Code of Maryland 

Administrative Regulations’ (COMAR) 

incorporation by reference citations to 

ensure that future changes to the 

Federal Acid Rain program will 

continue to be incorporated into 

Maryland’s regulations. 

II. Summary of Title V Program 

Revision 

Both COMAR 26.11.02.01 and 

26.11.03.01 currently incorporate by 

reference the Federal Acid Rain 

Program. These revisions will update 

COMAR 26.11.02.01 and COMAR 

26.11.03.01 to ensure that future 

changes to the Federal program will 

continue to be incorporated by reference 

into Maryland’s regulations. 

III. Final Action 

EPA is approving this revision to the 

Maryland operating permit program. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on June 25, 2007 without 

further notice unless EPA receives 

adverse comment by May 25, 2007. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. 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 

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 

(Public Law 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 

‘‘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. 

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 June 25, 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 

approves changes to Maryland’s Title V 

operating permit program and may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Dated: April 17, 2007. 

Donald S. Welsh, 

Regional Administrator, Region III. 

■ 40 CFR part 70 is amended as follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to part 70 is amended 

by revising paragraph (c) in the entry for 

Maryland to read as follows: 


cprice-sewell on PRODPC61 with RULES
20430 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Maryland 

* * * * * 

(c) The Maryland Department of the 

Environment submitted an operating permit 

program amendment on February 13, 2007. 

The program amendment contained in the 

February 13, 2007 submittal will update 

Maryland’s existing incorporation by 

reference citations to the Federal Acid Rain 

Program. The state is hereby granted 

approval effective on June 25, 2007. 

* * * * * 

[FR Doc. E7–7919 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 158 

[EPA–HQ–OPP–2004–0415; FRL–8113–7] 

RIN 2070-AD51 

Pesticides; Data Requirements for 

Biochemical and Microbial Pesticides; 

Notification to the Secretary of 

Agriculture 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification to the Secretary of 

Agriculture. 

SUMMARY: This document notifies the 

public that the Administrator of EPA 

has forwarded to the Secretary of 

Agriculture a draft final rule as required 

by section 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). As described in the 

Agency’s semi-annual Regulatory 

Agenda, the draft final rule updates the 

data requirements necessary to register 

a biochemical or microbial pesticide 

product. The revisions will codify data 

requirements to reflect current 

regulatory and scientific standards. The 

data requirements will cover all 

scientific disciplines for biochemical 

and microbial pesticides, including 

product chemistry and residue 

chemistry, toxicology, and 

environmental fate and effects. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2004–0415. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Building), 

2777 S. Crystal Drive, Arlington, VA. 

The Docket Facility is open from 8:30 

a.m. to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Nathanael R. Martin, Field and External 

Affairs Division (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460-0001; 

telephone number: 703-305-6475; e-mail 

address: martin.nathanael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. It simply announces the 

submission of a draft final rule to the U. 

S. Department of Agriculture (USDA) 

and does not otherwise affect any 

specific entities. This action may, 

however, be of particular interest to 

producers or registrants of a 

biochemical or microbial pesticide 

product. This action also may affect any 

person or company who might petition 

the Agency for new tolerances for 

biochemical or microbial pesticides, or 

hold a pesticide registration with 

existing tolerances, or any person or 

company who is interested in obtaining 

or retaining a tolerance in the absence 

of a registration, that is, an import 

tolerance for biochemical or microbial 

pesticides. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be interested in this 

action. If you have any questions 

regarding this action, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using regulations.gov, 

you may access this Federal Register 

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http:// 

www.epa.gov/fedrgstr. 

II. What Action is EPA Taking? 

Section 25(a)(2) of FIFRA requires the 

Administrator to provide the Secretary 

of Agriculture with a copy of any final 

regulation at least 30 days before signing 

it for publication in the Federal 

Register. The draft final rule is not 

available to the public until after it has 

been signed by EPA. If the Secretary 

comments in writing regarding the draft 

final rule within 15 days after receiving 

it, the Administrator shall include the 

comments of the Secretary, if requested 

by the Secretary, and the 

Administrator’s response to those 

comments in the final rule when 

published in the Federal Register. If the 

Secretary does not comment in writing 

within 15 days after receiving the draft 

final rule, the Administrator may sign 

the final rule for publication in the 

Federal Register anytime after the 15–

day period. 

III. Do Any Statutory and Executive 

Order Reviews Apply to this 

Notification? 

No. This document is not a rule, it is 

merely a notification of submission to 

the Secretary of Agriculture. As such, 

none of the regulatory assessment 

requirements apply to this document. 

IV. Will this Notification be Subject to 

the Congressional Review Act? 

No. This action is not a rule for 

purposes of the Congressional Review 

Act (CRA), 5 U.S.C. 804(3), and will not 

be submitted to Congress and the 

Comptroller General. EPA will submit 

the final rule to Congress and the 

Comptroller General as required by the 

CRA. 

List of Subjects in 40 CFR Part 158 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests. 

Dated: April 9, 2007. 

Anne E. Lindsay, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. E7–7445 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–S 


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