16670 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

on the economy of $100 million or 

more, or adversely affect a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local or Tribal 

governments or communities in a 

material way (also referred to as an 

‘‘economically significant’’ rule); (2) 

create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

materially alter the budgetary impacts of 

entitlement grants, user fees, or local 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

order. The Secretary has determined 

that this regulatory action is significant 

under section 3(f) of the Executive 

order. 

Potential Costs and Benefits 

Under Executive Order 12866, we 

have assessed the potential costs and 

benefits of this regulatory action and 

have determined that this rule will not 

impose additional costs to State 

applicants, grantees, or the Federal 

government. The Department is 

regulating only to incorporate 

mandatory budget ranges into the final 

Race to the Top requirements. It may 

take a State applicant time to create or 

revise its Race to the Top budget so that 

it conforms to the required budget range 

contained in this regulatory action if the 

State had intended to request more than 

the maximum in the range. We believe, 

however, that the benefits of this action 

outweigh any potential burden that it 

may cause. Additionally, the 

Department has determined that this 

regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

these interim final requirements will not 

have a significant economic impact on 

a substantial number of small entities. 

The Secretary makes this certification 

because the only entities eligible to 

apply for grants are States, and States 

are not small entities. 

Paperwork Reduction Act of 1995: 

The interim final requirements contain 

information collection requirements that 

are subject to review by OMB under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). The Department had 

received previously emergency approval 

for the information collections in the 

final Race to the Top Fund requirements 

published on November 18, 2009, under 

OMB Control Number 1810–0697. The 

Department will submit to OMB a 

Paperwork Reduction Act Change 

Worksheet for this collection that will 

include the changes described in this 

notice. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 79. 

One of the objectives of the Executive 

Order is to foster an intergovernmental 

partnership and a strengthened 

federalism. The Executive Order relies 

on processes developed by State and 

local governments for coordination and 

review of proposed Federal financial 

assistance. 

This document provides notification 

of our specific plans regarding budget 

requirements for this program. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: March 29, 2010. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2010–7409 Filed 4–1–10; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2008–0918; FRL–8816–9] 

RIN 2070–AB27 

1-Propene, 2,3,3,3-tetrafluoro-; 

Withdrawal of Significant New Use 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is withdrawing a 

significant new use rule (SNUR) 

promulgated under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA) 

for the chemical substance identified as 

1-Propene, 2,3,3,3-tetrafluoro- (CAS No. 

754–12–1), which was the subject of 

premanufacture notice (PMN) P–07– 

601. EPA published the SNUR using 

direct final rulemaking procedures. EPA 

received a notice of intent to submit 

adverse comments on the rule. 

Therefore, the Agency is withdrawing 

the SNUR, as required under the 

expedited SNUR rulemaking process. 

Elsewhere in today’s Federal Register, 

EPA is publishing (under separate 

notice and comment rulemaking 

procedures) a proposed SNUR for this 

substance. 

DATES: This final rule is effective April 

2, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Karen Chu, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8773; e-mail address: 

chu.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

A list of potentially affected entities is 

provided in the Federal Register of 

February 1, 2010 (75 FR 4983) (FRL– 

8438–4). If you have questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What Rule is Being Withdrawn? 

In the Federal Register of February 1, 

2010 (75 FR 4983), EPA issued several 

direct final SNURs, including a SNUR 

for the chemical substance that is the 

subject of this withdrawal. These direct 

final rules were issued pursuant to the 

procedures in 40 CFR part 721, subpart 

D. In accordance with 40 CFR 

721.170(d)(4)(i), EPA is withdrawing the 

rule issued for 1-Propene, 2,3,3,3- 

tetrafluoro- (PMN P–07–601; CAS No. 

754–12–1) at 40 CFR 721.10182 because 

the Agency received a notice of intent 

to submit adverse comments. Elsewhere 

in today’s Federal Register, EPA is 

proposing a SNUR for this chemical 

substance via notice and comment 

rulemaking. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 


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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 16671 

SNUR for the chemical substance being 

withdrawn was established at EPA–HQ– 

OPPT–2008–0918. That record includes 

information considered by the Agency 

in developing the rule and the notice of 

intent to submit adverse comments. 

III. How Do I Access the Docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID no. EPA–HQ–OPPT– 

2008–0918. Additional information 

about the Docket Facility is provided 

under ADDRESSES in the Federal 

Register document of February 1, 2010 

(75 FR 4983). If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. What Statutory and Executive Order 

Reviews Apply to this Action? 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register 

document of February 1, 2010 (75 FR 

4983). Those review requirements do 

not apply to this action because it is a 

withdrawal and does not contain any 

new or amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and 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). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: March 25, 2010. 

Barbara A. Cunningham, 

Acting Director, Office of Pollution Prevention 

and Toxics. 

■ Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.10182. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10182 [Removed] 

■ 4. Remove § 721.10182. 

[FR Doc. 2010–7194 Filed 4–1–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0089; FRL–9132–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Chapter 116 Which Relate 

to the Voiding of Permits and 

Extension of Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve severable portions of 

a submittal from the State of Texas, 

through the Texas Commission on 

Environmental Quality (TCEQ), on 

September 25, 2003, to revise the Texas 

Major and Minor New Source Review 

(NSR) State Implementation Plan (SIP). 

EPA is approving the State’s repeal of a 

paragraph of the SIP rule pertaining to 

Texas Major and Minor NSR SIP and to 

approve the consequent renumbering of 

the SIP rule’s paragraphs. We also are 

approving the new replacement rule as 

meeting the Minor and Major NSR SIP 

requirements for voiding of permits. 

We are approving the portion of the 

revision that addresses the 

recodification of the provision relating 

to the granting of one 18-month 

extension of a permit as meeting the 

Minor and Major NSR SIP requirement 

for extensions of permits. The revision 

imposes requirements on permitees, 

requiring a review of the permit’s 

underlying permit determinations 

before this SIP-approved extension can 

be granted. Finally, the revision 

provides for a second permit extension 

if certain conditions are met, including 

a health effects review. EPA is 

approving the new replacement rule for 

this second permit extension as meeting 

the Major and Minor NSR and NNSR 

SIP requirements. 

EPA finds that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being proposed under 

section 110 and parts C and D of the 

Act. 

DATES: This direct final rule is effective 

on June 1, 2010 without further notice, 

unless EPA receives relevant adverse 

comment by May 3, 2010. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0192 by one of the following 

methods: 

(1) Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

(2) E-mail: Mr. Jeff Robinson at 

robinson.jeffrey@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

(4) Fax: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–6762. 

(5) Mail: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. Jeff 

Robinson, Chief, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 


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