26118 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–11009 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0928; EPA–R05– 

OAR–2010–0046; FRL–9147–3] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Ohio; Indiana; 

Redesignation of the Ohio and Indiana 

Portions of the Cincinnati-Hamilton 

Area to Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the requests 

of Ohio and Indiana to redesignate the 

Ohio and Indiana portions of the 

Cincinnati-Hamilton, OH–KY–IN 8-hour 

ozone nonattainment area, ‘‘the 

Cincinnati-Hamilton area,’’ to 

attainment for that standard, because 

these requests meet the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). The Ohio 

Environmental Protection Agency (Ohio 

EPA) and the Indiana Department of 

Environmental Management (IDEM) 

submitted these requests on December 

14, 2009, and January 21, 2010, 

respectively. (EPA will address the 

Kentucky portion of the CincinnatiHamilton area in a separate rulemaking 

action.) 

These approvals involve several 

related actions. EPA is making a 

determination under the CAA that the 

Cincinnati-Hamilton area has attained 

the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). The Cincinnati-Hamilton area 

includes Butler, Clermont, Clinton, 

Hamilton, and Warren Counties in Ohio, 

Lawrenceburg Township in Dearborn 

County, Indiana, and Boone, Campbell, 

and Kenton Counties in Kentucky. This 

determination is based on three years of 

complete, quality-assured ambient air 

quality monitoring data for the 2007– 

2009 ozone seasons that demonstrate 

that the 8-hour ozone NAAQS has been 

attained in the entire CincinnatiHamilton area. EPA is also approving, as 

revisions to the Ohio and Indiana State 

Implementation Plans (SIPs), the States’ 

plans for maintaining the 8-hour ozone 

NAAQS through 2020 in the area. 

EPA is approving the 2002 base year 

emissions inventory submitted by IDEM 

on June 13, 2007, as meeting the base 

year emissions inventory requirement of 

the CAA for the Indiana portion of the 

Cincinnati-Hamilton area. EPA is 

approving the 2005 base year emissions 

inventory submitted by Ohio EPA as 

part of its redesignation request as 

meeting the base year emissions 

inventory requirements of the CAA for 

the Ohio portion of the CincinnatiHamilton area. Finally, EPA finds 

adequate and is approving the States’ 

2015 and 2020 Motor Vehicle Emission 

Budgets (MVEBs) for the Ohio and 

Indiana portion of the CincinnatiHamilton area. 

DATES: This final rule is effective May 

11, 2010. 

ADDRESSES: EPA has established dockets 

for this action: Docket ID No. EPA–R05– 

OAR–2009–0928 and ID No. EPA–R05– 

OAR–2010–0046. All documents in the 

docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, 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 in www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Kathleen D’Agostino, 

Environmental Engineer, at (312) 886– 

1767 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for these actions? 

II. What comments did we receive on the 

proposed rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is the background for these 

actions? 

The background for today’s actions is 

discussed in detail in EPA’s February 

26, 2010, proposal (75 FR 8871). In that 

rulemaking, we noted that, under EPA 

regulations at 40 CFR part 50, the 8-hour 

ozone standard is attained when the 

three-year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentrations is less than or 

equal to 0.08 ppm. (See 69 FR 23857 

(April 30, 2004) for further information.) 

Under the CAA, EPA may redesignate 

nonattainment areas to attainment if 

sufficient complete, quality-assured data 

are available to determine that the area 

has attained the standard and if it meets 

the other CAA redesignation 

requirements in section 107(d)(3)(E). 

The Ohio EPA and IDEM submitted 

requests to redesignate the Ohio and 

Indiana portions of the CincinnatiHamilton area to attainment for the 8- 

hour ozone standard on December 14, 

2009, and January 21, 2010, 

respectively. The redesignation requests 

included three years of complete, 

quality-assured data for the period of 

2007 through 2009, indicating the 8- 

hour NAAQS for ozone, as promulgated 

in 1997, had been attained for the 

Cincinnati-Hamilton area. The February 

26, 2010, proposed rule provides a 

detailed discussion of how Ohio and 

Indiana met this and other CAA 

requirements. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on March 29, 2010. We received 

no comments on the proposed rule. 

III. What action is EPA taking? 

EPA is making a determination that 

the Cincinnati-Hamilton area has 

attained the 1997 8-hour ozone NAAQS. 

EPA is also approving the maintenance 

plan SIP revisions for the Ohio and 

Indiana portions of the CincinnatiHamilton area. EPA’s approval of the 

maintenance plans is based on the 

States’ demonstrations that the plans 

meet the requirements of section 175A 

of the CAA. After evaluating the 

redesignation requests submitted by 

Ohio and Indiana, EPA believes that the 

requests meet the redesignation criteria 

set forth in section 107(d)(3)(E) of the 

CAA. Therefore, EPA is approving the 

redesignation of the Ohio and Indiana 

portions of the Cincinnati-Hamilton area 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. EPA is 

also approving Ohio EPA’s 2005 base 

year emissions inventory for the Ohio 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26119 

portion of the Cincinnati-Hamilton area 

and IDEM’s 2002 base year emissions 

inventory for Dearborn County as 

meeting the requirements of section 

172(c)(3) of the CAA. Finally, EPA finds 

adequate and is approving the States’ 

2015 and 2020 MVEBs for Ohio and 

Indiana portions of the CincinnatiHamilton area. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the state of 

various requirements for this 8-hour 

ozone nonattainment area. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. These actions do not impose 

additional requirements beyond those 

imposed by state law and the CAA. For 

that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 12, 2010. 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. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: April 22, 2010. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ Parts 52 and 81, 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 P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraphs (nn) and (oo) to read 

as follows: 

§ 52.777 Control strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(nn) Approval—Indiana’s 2002 

inventory satisfies the base year 

emissions inventory requirements of 

section 172(c)(3) of the Clean Air Act for 

the Indiana portion of the CincinnatiHamilton, OH–KY–IN area under the 

1997 8-hour ozone standard. 

(oo) Approval—On January 21, 2010, 

the Indiana Department of 


jlentini on DSKJ8SOYB1PROD with RULES
26120 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

Environmental Management submitted a 

request to redesignate the Indiana 

portion of the Cincinnati-Hamilton, 

OH–KY–IN area to attainment of the 8- 

hour ozone NAAQS. As part of the 

redesignation request, the State 

submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in 8 years as required by the Clean Air 

Act. The 2015 motor vehicle emissions 

budgets for the Ohio and Indiana 

portions of the Cincinnati-Hamilton, 

OH–KY–IN area are 31.73 tpd for VOC 

and 49.00 tpd for NOX. The 2020 motor 

vehicle emissions budgets for the Ohio 

and Indiana portions of the area are 

28.82 tpd for VOC and 34.39 tpd for 

NOX. 

* * * * * 

Subpart KK—Ohio 

■ 3. Section 52.1885 is amended by 

adding paragraphs (ff)(10) and (hh)(3) to 

read as follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(10) Approval—On December 14, 

2009, the Ohio Environmental 

Protection Agency submitted a request 

to redesignate the Ohio portion of the 

Cincinnati-Hamilton, OH–KY–IN area to 

attainment of the 8-hour ozone NAAQS. 

As part of the redesignation request, the 

State submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in 8 years as required by the Clean Air 

Act. The 2015 motor vehicle emissions 

budgets for the Ohio and Indiana 

portions of the Cincinnati-Hamilton, 

OH–KY–IN area are 31.73 tpd for VOC 

and 49.00 tpd for NOX. The 2020 motor 

vehicle emissions budgets for the Ohio 

and Indiana portions of the area are 

28.82 tpd for VOC and 34.39 tpd for 

NOX. 

* * * * * 

(hh) * * * 

(3) Approval—Ohio’s 2005 inventory 

satisfies the base year emissions 

inventory requirements of section 

172(c)(3) of the Clean Air Act for the 

Ohio portion of the CincinnatiHamilton, OH–KY–IN area under the 

1997 8-hour ozone standard. 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. Section 81.315 is amended by 

revising the entry for CincinnatiHamilton, OH–KY–IN in the table 

entitled ‘‘Indiana—Ozone (8-Hour 

Standard)’’ to read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—OZONE

[8-Hour standard] 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Cincinnati-Hamilton, OH–KY–IN: 

Dearborn County (part) ................... May 11, 2010 ............................. Attainment ..................................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

■ 6. Section 81.336 is amended by 

revising the entry for CincinnatiHamilton, OH–KY–IN in the table 

entitled ‘‘Ohio-Ozone (8-Hour 

Standard)’’ to read as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO—OZONE

[8-Hour standard] 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Cincinnati-Hamilton, OH–KY–IN: 

Butler County .................................. May 11, 2010 ............................. Attainment ..................................

Clermont County .............................

Clinton County ................................

Hamilton County ..............................

Warren County ................................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 


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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26121 

* * * * * 

[FR Doc. 2010–11010 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2007–1158; FRL–9147–4] 

RIN 2060–AO71 

Regulation of Fuels and Fuel 

Additives: Alternative Affirmative 

Defense Requirements for Ultra-Low 

Sulfur Diesel and Gasoline Benzene 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is issuing a direct final 

rule to amend the diesel sulfur 

regulations to allow refiners, importers, 

distributors, and retailers of highway 

diesel fuel the option to use an 

alternative affirmative defense if the 

Agency finds highway diesel fuel 

samples above the specified sulfur 

standard at retail facilities. This 

alternative defense consists of a 

comprehensive program of quality 

assurance sampling and testing that 

would cover all participating companies 

that produce and/or distribute highway 

diesel fuel if certain other conditions are 

met. The sampling and testing program 

would be carried out by an independent 

surveyor. The program would be 

conducted pursuant to a survey plan 

approved by EPA that is designed to 

achieve the same objectives as the 

current regulatory quality assurance 

requirement. This rule also amends the 

gasoline benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners. 

DATES: This rule is effective on July 12, 

2010 without further notice, unless EPA 

receives adverse comment by June 10, 

2010. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule, or the relevant 

provisions of this rule, will not take 

effect. The incorporation by reference of 

a certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of July 12, 

2010. 

Hearings: If EPA receives a request 

from a person wishing to speak at a 

public hearing by May 26, 2010, a 

public hearing will be held at a time and 

location to be announced in a 

subsequent Federal Register notice. To 

request to speak at a public hearing, 

send a request to the contact in FOR

FURTHER INFORMATION CONTACT. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2007–1158, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Room 3334, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC, Attention Air Docket ID No. EPA– 

HQ–OAR–2007–1158. 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–HQ–OAR–2007– 

1158. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

www.regulations.gov, your e-mail 

address will automatically be 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov 

or in hard copy at the Air Docket, EPA/ 

DC, 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 Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jaimee Dong, Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality, Office 

of Air and Radiation, Environmental 

Protection Agency, Mail Code 6405J, 

1200 Pennsylvania Avenue, 

Washington, DC 20460; telephone 

number: (202) 343–9672; fax number: 

(202) 343–2800; e-mail address: 

Dong.Jaimee@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to amend 

the diesel sulfur regulations and the 

gasoline benzene regulations if adverse 

comments are received on this direct 

final rule. We do not intend to institute 

a second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment on 

a distinct provision of this rulemaking, 

we will publish a timely withdrawal in 

the Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn will 

become effective on the date set out 

above, notwithstanding adverse 

comment on any other provision. We 

will address all public comments in any 

subsequent final rule based on the 

proposed rule. 


jlentini on DSKJ8SOYB1PROD with RULES