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
Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Rules and Regulations 40459

emissions from the manufacture of highdensity polyethylene, polypropylene

and polystyrene resins. This revision

corrected a conversion factor for

determining the mass rates of total VOC.

The incorrect conversion factor of 2.95

x 10¥9 was revised to be the correct

factor of 2.595 x 10¥9.

On May 8, 1997, Tennessee also

submitted to EPA a revision to the

Tennessee regulation containing test

methods and compliance procedures for

determining the VOC content of

coatings and inks. This revision

provided clarification on which method

should be used for various types of inks.

The clarifying revision stated that

Method 24A was for publication

rotogravure inks and Method 24 was for

all other inks and coatings.

Final Action

The EPA is approving the submitted

revisions into the Tennessee SIP as

described in the Supplementary

Information section. The EPA is

publishing this action without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective

September 29, 1997 unless, by August

28, 1997, adverse or critical comments

are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective September 29, 1997.

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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

Administrator 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 CAA, 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. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

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.

D. Submission to Congress and the

General Accounting Office

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).

E. 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 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,

Incorporation by reference, Ozone,

Reporting and recordkeeping

requirements.

Dated: July 3, 1997.

Michael V. Peyton,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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 RR—Tennessee

2. Section 52.2220, is amended by

adding paragraph (c)(158) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *
40460 Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 / Rules and Regulations

(c) * * *

(158) Addition of supplement C to the

‘‘Guideline on Air Quality Models’’,

correction of conversion factor in the

manufacture of high-density

polyethylene, polypropylene and

polystyrene resins, and clarification for

the test method used for determining

the VOC content of coatings and inks

submitted by the Tennessee Department

of Environment and Conservation on

February 27, 1997, and May 8, 1997.

(i) Incorporation by reference.

(A) Tennessee regulation 1200–3–9–

.01(1)(f) effective December 28, 1996.

(B) Tennessee regulations 1200–3–18–

.39(5)(a)(2) and 1200–3–18–.81(2) (a)

and (b) effective April 16, 1997.

(ii) Other material. None.

[FR Doc. 97–19937 Filed 7–28–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 61 and 69

[CC Docket Nos. 96–262, 94–1, 91–213, 96–

263; FCC 97–158]

Access Charge Reform; Price Cap

Performance Review for Local

Exchange Carriers; Transport Rate

Structure and Pricing; Usage of the

Public Switched Network by

Information Service and Internet

Access Providers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; Correction.

SUMMARY: This document contains

corrections to the summary of the

Commission’s Report and Order

reforming access charges published in

the Federal Register of June 11, 1997

(62 FR 31868).

EFFECTIVE DATE: June 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard Lerner, Attorney, Common

Carrier Bureau, Competitive Pricing

Division, (202) 418–1520, email:

rlerner@fcc.gov.

SUPPLEMENTARY INFORMATION: The

Commission published a summary of

the Access Charge Reform First Report

and Order (released May 7, 1997) in the

Federal Register issue of June 11, 1997,

in FR Doc. 97–14628 (62 FR 31868). The

summary outlines an order that revised

the current interstate access charge rules

in order to promote local competition

and to comply with the

Telecommunications Act of 1996. This

summary was published with some

typographical mistakes and minor

omissions. This document corrects

those mistakes and omissions. The

publication on June 11, 1997 of the

Access Charge Reform First and Order

summary (62 FR 3188), which was the

subject of FR Doc. 97–14628, is

corrected as follows:

1. On page 31868, in the first column,

lines 4 and 5, replace ‘‘[CC Docket Nos.

96–262, 94–1, 91–213, 96–263; FCC 97–

158]’’ with ‘‘[CC Docket Nos. 96–262,

94–1, 91–213, 95–72; FCC 97–158]’’.

2. On page 31868, in the first column

under DATES:, line 27, replace ‘‘and

69.156’’ with ‘‘69.201, 69.203, 69.204

and 69.205’’.

3. On page 31931, in the first column,

paragraph (i)(l), line 16, replace the

phrase ‘‘formula in § 61.44(b)’’ with

‘‘formula in § 61.45(c) and, pursuant to

§ 61.45(b), application of the formula in

§ 61.44(b)’’.

4. On page 31931, in the first column,

paragraph (i)(1), lines 22 and 23, replace

the phrase ‘‘formula in § 61.44(b)’’ with

‘‘formulas in § 61.44(b) and § 61.45(c)’’.

5. On page 31931, in the first column,

paragraph (i)(2), line 2, replace

‘‘paragraphs (b) and (c)’’ with

‘‘paragraph (b)’’.

6. On page 31931, in the first column,

paragraph (i)(2), line 15, replace

‘‘application of the formula’’ with

‘‘application, pursuant to § 61.45(b), of

the formula’’.

7. On page 31931, in the second

column, paragraph (j), line 3, replace

‘‘paragraphs (i)(1) and (i)(2)’’ with

‘‘paragraphs (i)(1) and (i)(1) of this

section and § 61.47(i)(1) and (i)(2)’’.

8. On page 31931, in the second

column, paragraph (j), line 4, insert

‘‘(1)’’ after ‘‘local exchange carriers

shall’’.

9. On page 31931, in the second

column, paragraph (j), line 41, insert the

following text after the word

‘‘targeting’’:

‘‘(2) not include the amount of any

exogenous adjustments reflected in the

z component of the formulas in

§§ 61.44(b) and 61.45(c). Any such

exogenous adjustments shall be

reflected in the various PCIs and SBIs in

the same manner as they would if there

were no targeting’’.

10. On page 31931, in the third

column, paragraph #5, lines 2 and 3,

replace ‘‘revising paragraphs (d) and (e)

and adding new paragraphs (g) and (h)’’

with

‘‘redesignating the introductory text of

paragraph (d) as the introductory text of

paragraph (d)(1) and revising it, adding

new paragraph (d)(2), redesignating

paragraph (e) as paragraph (e)(1) and

revising it, and adding new paragraphs

(e)(2), (g) and (h)’’.

11. On page 31932, in the first

column, paragraph (i)(1), line 3, add

‘‘and subject to the limitations of

§ 61.45(j),’’ after ‘‘paragraph (a) of this

section,’’.

12. On page 31932, in the second

column, line 4, remove ‘‘and (i)(1)’’ and

replace with ‘‘and the formula in

§ 61.44(b) and from the application of

the provisions of § 61.45(i)(1)’’.

13. On page 31932, in the second

column, paragraph (i)(2), line 3, add

‘‘and subject to the limitations of

§ 61.45(j)’’ after ‘‘paragraph (a) of this

section,’’.

14. On page 31932, in the second

column, paragraph (i)(2), line 11,

replace ‘‘61.45(b), (i)(1) and (i)(2)’’ with

‘‘61.45(b) and the formula in § 61.44(b)

and from the application of the

provisions of § 61.45 (i)(1) and (i)(2)’’.

15. On page 31932, in the second

column, paragraph (i)(3), lines 6–8,

remove the following phrase: ‘‘and from

the application of § 61.45(b) to the

basket described in § 61.42(d)(3)’’.

16. On page 31932, in the second

column, paragraph (i)(4), lines 6–8,

remove the following phrase: ‘‘and from

the application of § 61.45(b) to the

basket described in § 61.42(d)(3)’’.

17. On page 31937, in the third

column, paragraph (d)(2)(i), lines 4 and

5, replace ‘‘this part and part 61’’ with

‘‘parts 61 and 69’’.

18. On page 31938, in the first

column, paragraph c in § 69.155, line 2,

add ‘‘s’’ to the end of ‘‘paragraph’’.

19. On page 31938, in the third

column, amendment #24, line 3, replace

‘‘paragraph designation’’ with

‘‘designator’’.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–19911 Filed 7–28–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 69

[CC Docket Nos. 96–262, 94–1, 91–213, 96–

263; FCC 97–247]

Access Charge Reform; Price Cap

Performance Review for Local

Exchange Carriers; Transport Rate

Structure and Pricing; Usage of the

Public Switched Network by

Information Service and Internet

Access Providers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; sua sponte

reconsideration.

SUMMARY: The Federal Communications

Commission here reconsiders on its own