Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Rules and Regulations 40457

[FR Doc. 97–19901 Filed 7–28–97; 8:45 am]

BILLING CODE 3501–16–U–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

Copyright Rules and Regulations

AGENCY: Copyright Office, Library of

Congress.

ACTION: Correction; technical

amendments.

SUMMARY: The Copyright Office is

making one correction to the nonsubstantive housekeeping amendments

to its regulations published in the

Federal Register July 1, 1997. The

correction amends the address for the

Licensing Division of the Copyright

Office.

EFFECTIVE DATE: July 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, or Patricia L. Sinn, Senior

Attorney, Copyright GC/I&R, P.O. Box

70400, Southwest Station, Washington,

DC 20024. Telephone: (202) 707–8380.

Fax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: The

Copyright Office is correcting the

address it published for the Office’s

Licensing Division in the July 1, 1997,

edition of the Federal Register. The

corrected address is effective

immediately, and will appear in the

Code of Federal Regulations at 37 CFR

201.1(b) as soon as possible.

List of Subjects in 37 CFR Part 201

Copyright, General Provisions.

Final Rule

Accordingly, 37 CFR Chapter II is

corrected by making the following

correction and amendment.

PART 201—GENERAL PROVISIONS

1. The authority citation for Part 201

continues to read as follows:

Authority: 17 U.S.C. 702, 17 U.S.C. 1003.

§ 201.1 [Amended]

2. Section 201.1(b) is amended by

removing ‘‘Licensing Division, LM–454,

Library of Congress, Copyright Office,

101 Independence Avenue, SE.,

Washington, DC 20559–6000.’’ and

adding in its place ‘‘Library of Congress,

Copyright Office, Licensing Division,

101 Independence Avenue, SE.,

Washington, DC 20557–6400.’’

Dated: July 23, 1997.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 97–19904 Filed 7–28–97; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD 038–3016; FRL–5864–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; 15% Rate of Progress Plan

and Contingency Measures for the

Cecil County Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting full approval

of the State Implementation Plan (SIP)

revision submitted by the State of

Maryland, for Cecil County, part of the

Philadelphia-Wilmington-Trenton

severe ozone nonattainment area, to

meet the 15 percent reasonable further

progress (RFP, or 15% plan)

requirements of the Clean Air Act (the

Act). EPA is granting approval of the

15% plan and contingency measures,

submitted by the State of Maryland,

because the plan achieves the required

15% emission reduction. This action is

being taken under section 110 of the

Clean Air Act.

EFFECTIVE DATE: This final rule is

effective on August 28, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air, Radiation,

and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; and

the Maryland Department of the

Environment, 2500 Broening Highway,

Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT:

Carolyn M. Donahue, (215) 566–2095, at

the EPA Region III address above.

Information may also be requested via email at the following address:

donahue.carolyn@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the Act requires

ozone nonattainment areas classified as

moderate or above to develop plans to

reduce volatile organic compounds

(VOC) emissions by fifteen percent from

1990 baseline levels. Cecil County, as

part of the Philadelphia-WilmingtonTrenton nonattainment area, is

classified as severe and is subject to the

15% plan requirement.

The State of Maryland submitted the

15% plan SIP revision for Cecil County

on July 12, 1995. On June 5, 1997, EPA

published a notice of proposed

rulemaking (NPR) in the Federal

Register proposing approval of the 15%

plan [62 FR 30818]. EPA’s rationale for

granting approval to the Maryland 15%

plan for the Cecil County nonattainment

area, and the details of the July 12, 1995

submittal are contained in the June 5,

1997 NPR and the accompanying

technical support document and will

not be restated here. No public

comments were received on the NPR.

II. Final Action

EPA is today granting approval of the

15% plan and contingency measures for

the Cecil County severe ozone

nonattainment area as a revision to the

Maryland SIP.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

EPA certifies that it does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of state

action. The Clean Air Act forbids EPA

to base its actions concerning SIPs on

such grounds. Union Electric Co. v. U.S.
40458 Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Rules and Regulations

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2).

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

Air Act, petitions for judicial review of

this action, pertaining to the final

approval of the 15% plan for the Cecil

County nonattainment area, must be

filed in the United States Court of

Appeals for the appropriate circuit by

September 29, 1997. 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 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, Hydrocarbons, Ozone.

Dated: July 18, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

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. 7401–7671q.

Subpart V—Maryland

2. Section 52.1076 is added to read as

follows:

§ 52.1076 Control strategy: ozone

EPA is approving as a revision to the

Maryland State Implementation Plan the

15 Percent Rate of Progress Plan and

associated contingency measures for the

Cecil County ozone nonattainment area,

submitted by the Secretary of the

Maryland Department of the

Environment on July 12, 1995.

[FR Doc. 97–19884 Filed 7–28–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN189–1–9730(b); TN194–1–9731(b);

TN198–1–9732(b); FRL–5859–7]

Approval of Revisions to the

Tennessee SIP Regarding Prevention

of Significant Deterioration and

Volatile Organic Compounds

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving

miscellaneous revisions to the

Tennessee State Implementation Plan

(SIP) regarding prevention of significant

deterioration (PSD) and volatile organic

compounds (VOC). The revisions to the

PSD regulation add an additional

supplement to the EPA ‘‘Guideline on

Air Quality Models.’’ The revisions to

the VOC regulation make minor changes

to the regulation for the manufacture of

high-density polyethylene,

polypropylene and polystyrene resins

and to the regulation containing test

methods and compliance procedures for

VOC sources.

DATES: This final rule is effective

September 29, 1997, unless adverse or

critical comments are received by

August 28, 1997. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to William

Denman at the Environmental

Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street, SW,

Atlanta, Georgia 30303. Copies of

documents relative to this action are

available for public inspection during

normal business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference files

TN189–01–9730, TN194–01–9731, and

TN198–01–9732. The Region 4 office

may have additional background

documents not available at the other

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303. William Denman, 404/562–

9030

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, L & C Annex, 9th

Floor, 401 Church Street, Nashville,

Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

William Denman at 404/562–9030.

SUPPLEMENTARY INFORMATION: On August

9, 1995, EPA published a notice in the

Federal Register (60 FR 40465), that

took final action on several additions

and changes to the ‘‘Guideline on Air

Quality Models’’ in the PSD rules. These

revisions were designated as

supplement C to the ‘‘Guideline on Air

Quality Models.’’ On February 27, 1997,

Tennessee submitted to EPA a revision

to Tennessee regulation 1200–3–9

‘‘Construction and Operating Permits’’

in which Tennessee added supplement

C to their already adopted by reference

‘‘Guideline on Air Quality Models’’.

Supplement C incorporates improved

algorithms for treatment of area sources

and dry deposition in the Industrial

Source Complex model, adopts a solar

radiation/delta-T (SRDT) method for

estimating atmospheric stability

categories, and adopts a new screening

approach for assessing annual NO2

impacts. It also adds SLAB and

HGSYSTEM as alternative models.

On May 8, 1997, Tennessee submitted

to EPA a revision to the Tennessee

regulation for the control of VOC