56114 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 

Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board amends title 36, part 242, and 

title 50, part 100, of the Code of Federal 

Regulations, as set forth below. 

PART SUBSISTENCE MANAGEMENT 

REGULATIONS FOR PUBLIC LANDS IN 

ALASKA 

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows: 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Subpart B—Program Structure 

■ 2. Amend § __.10 by revising 

paragraphs (b)(1) and (d)(2) to read as 

follows: 

§ __.10 Federal Subsistence Board. 

* * * * * 

(b) * * * 

(1) The voting members of the Board 

are: A Chair to be appointed by the 

Secretary of the Interior with the 

concurrence of the Secretary of 

Agriculture; two public members who 

possess personal knowledge of and 

direct experience with subsistence uses 

in rural Alaska to be appointed by the 

Secretary of the Interior with the 

concurrence of the Secretary of 

Agriculture; the Alaska Regional 

Director, U.S. Fish and Wildlife Service; 

Alaska Regional Director, National Park 

Service; Alaska Regional Forester, U.S. 

Forest Service; the Alaska State 

Director, Bureau of Land Management; 

and the Alaska Regional Director, 

Bureau of Indian Affairs. Each Federal 

agency member of the Board may 

appoint a designee. 

* * * * * 

(d) * * * 

(2) A quorum consists of five 

members. 

* * * * * 

Dated: August 31, 2011. 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Dated: August 16, 2011. 

Beth G. Pendleton, 

Regional Forester, USDA—Forest Service. 

[FR Doc. 2011–23243 Filed 9–9–11; 8:45 am] 

BILLING CODE 4310–55–P; 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0733; FRL–9462–1] 

Interim Final Determination to Stay and 

Defer Sanctions, San Joaquin Valley 

Unified Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to stay the 

imposition of offset sanctions and to 

defer the imposition of highway 

sanctions based on a proposed approval 

of revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP) 

published elsewhere in this Federal 

Register. The revisions concern 

SJVUAPCD Rule 4684, Polyester Resin 

Operations. 

DATES: This interim final determination 

is effective on September 12, 2011. 

However, comments will be accepted 

until October 12, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0733, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On January 26, 2010 (75 FR 3996), we 

published a limited approval and 

limited disapproval of SJVUAPCD Rule 

4684, as adopted locally on September 

20, 2007 and submitted by the State on 

March 7, 2008. We based our limited 

disapproval action on certain 

deficiencies in the submittal. This 

disapproval action started a sanctions 

clock for imposition of sanctions 

pursuant to section 179 of the Clean Air 

Act (CAA) and our regulations at 40 

CFR 52.31. Under 40 CFR 52.31(d)(1), 

offset sanctions apply eighteen months 

after the effective date of a disapproval 

and highway sanctions apply six 

months after the offset sanctions, unless 

we determine that the deficiencies 

forming the basis of the disapproval 

have been corrected. 

On August 18, 2011, SJVUAPCD 

adopted revisions to Rule 4684 that 

were intended to correct the 

deficiencies identified in our limited 

disapproval action. On July 22, 2011, 

the State submitted a proposed rule 

with request for parallel processing to 

EPA. In the Proposed Rules section of 

today’s Federal Register, we have 

proposed full approval of the rule once 

we receive the final adopted version as 

a revision to the California SIP because 

we believe it corrects the deficiencies 

for SJVUAPCD Rule 4684 identified in 

our January 26, 2010 disapproval action. 

Based on today’s proposed approval, we 

are taking this final rulemaking action, 

effective on publication, to stay the 

imposition of the offset sanctions and to 

defer the imposition of the highway 

sanctions triggered by our January 26, 

2010 limited disapproval. This action 

only addresses SJVUAPCD Rule 4684. 


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Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 56115 

SJVUAPCD Rules 4401 and 4605, 

Steam-Enhanced Crude Oil Production 

Wells and Aerospace Assembly and 

Component Coating Operations, which 

were also determined to be deficient in 

our January 26, 2010 limited 

disapproval action, and the associated 

sanctions clocks, are being addressed in 

a separate action. 

EPA is providing the public with an 

opportunity to comment on this stay/ 

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this final determination 

and the proposed full approval of 

revised SJVUAPCD Rules 4684, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

51.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay the imposition of 

the offset sanctions and to defer the 

imposition of the highway sanctions 

associated with SJVUAPCD Rule 4684 

based on our concurrent proposal to 

approve the State’s SIP revision as 

correcting deficiencies that initiated 

sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and defer 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and defers Federal 

sanctions and imposes no additional 

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. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have significant 

economic impact on a substantial 

number of small entities under the 

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

et seq.). 

This rule does 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). 

This rule 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 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 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 is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

§ 272) do not apply to this rule because 

it imposes no standards. 

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.). 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefor, 

and established an effective date of 

September 12, 2011. 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This rule 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 November 14, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which 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, Incorporation by 

reference, Intergovernmental 

regulations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 31, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–23134 Filed 9–9–11; 8:45 am] 

BILLING CODE 6560–50–P 


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