Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Rules and Regulations 6681 

final determination was posted. The 

Secretary will notify participants that 

they may view copies of filings at post 

offices where the final determination 

was posted. 

§ 3025.30 Suspension pending review. 

(a) Application. Application for 

suspension of a determination of the 

Postal Service to close or consolidate 

any post office pending the outcome of 

an appeal to the Postal Regulatory 

Commission shall be made at the time 

of the filing of a Petition for Review. 

The application shall show the reasons 

for the relief requested and the facts 

relied upon, and if the facts are subject 

to dispute the application shall be 

supported by affidavits or other sworn 

statements or copies thereof. The 

applicant must be a person served by 

the affected post office. Immediate 

notice of the application shall be given 

to all parties to the proceeding. The 

application shall be filed with the 

Secretary of the Commission. 

(b) Answer and filing of the relevant 

record by the Postal Service. Within 10 

days after the application for suspension 

is filed, the Postal Service shall file with 

the Secretary of the Commission and 

serve on the petitioners an answer to the 

application supported by affidavits or 

other sworn statements or copies 

thereof. 

§ 3025.40 Participant statement. 

(a) When a timely Petition for Review 

of a decision to close or consolidate a 

post office is filed, the Secretary shall 

furnish petitioner with a copy of PRC 

Form 61. This form is designed to 

inform petitioners on how to make a 

statement of his/her arguments in 

support of the petition. 

(b) The instructions for PRC Form 61 

shall provide: 

(1) A concise explanation of the 

purpose of the form; 

(2) A copy of section 404(d)(2)(A) of 

title 39, United States Code; and 

(3) Notification that, if petitioner 

prefers, he or she may file a brief in lieu 

of or in addition to completing PRC 

Form 61. 

§ 3025.41 Due date for participant 

statement. 

The statement or brief of petitioner 

and of any other participant seeking to 

have the Commission return the entire 

matter to the Postal Service for further 

consideration, shall be filed not more 

than 20 days after the filing of the 

administrative record. 

§ 3025.42 Due date for Postal Service 

response. 

The statement or brief of the Postal 

Service, and of any other participant 

opposing return of the matter for further 

consideration, shall be filed not more 

than 14 days after the date for filing of 

petitioner’s statement. 

§ 3025.43 Due date for replies to the Postal 

Service. 

Petitioner, and any other participant 

seeking to have the Commission return 

the matter for further consideration, 

may file a reply to the Postal Service 

response not more than 10 days after the 

date of the Postal Service response. 

Replies are limited to issues discussed 

in the responses of the Postal Service 

and other participants seeking 

affirmation of the Postal Service 

determination. 

[FR Doc. 2012–2931 Filed 2–8–12; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R04–OAR–2010–0392(a); FRL–9628– 

6] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Florida; Control of 

Large Municipal Waste Combustor 

(LMWC) Emissions From Existing 

Facilities; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On December 30, 2010, EPA 

published a final rule approving the 

Clean Air Act (CAA) section 111(d)/129 

State Plan (the Plan) submitted by the 

Florida Department of Environmental 

Protection for the State of Florida on 

July 12, 2007, for implementing and 

enforcing the Emissions Guidelines 

(EGs) applicable to existing Large 

Municipal Waste Combustors (LMWCs). 

These EGs apply to municipal waste 

combustors with a capacity to combust 

more than 250 tons per day of 

municipal solid waste (MSW). This 

action corrects an error in the regulatory 

language in paragraph (a) of EPA’s 

December 30, 2010, final rule. 

DATES: This action is effective February 

9, 2012. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Garver, Air Toxics Assessment 

and Implementation Section, Air Toxics 

and Monitoring Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9839. 

Mr. Garver can also be reached via 

electronic mail at 

garver.daniel@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects an error in the regulatory 

language for an entry that appears in 

paragraph (a) of Florida’s Identification 

of Sources at 40 CFR 62.2355. The final 

action determined that EPA approved 

the CAA section 111(d)/129 Plan 

applicable to LMWCs in the State of 

Florida on December 30, 2010 (75 FR 

82269). However, EPA inadvertently 

indicated in 40 CFR 62.2355(a) that ‘‘the 

plan applies to existing facilities with a 

municipal waste combustor (MWC) unit 

capacity greater than 250 tons per day 

of MSW, and for which construction, 

reconstruction, or modification was 

commenced on or before July 12, 2007.’’ 

The correct date is September 20, 1994. 

Therefore, EPA is correcting this error 

by deleting the date ‘‘July 12, 2007’’ and 

inserting the correct date ‘‘September 

20, 1994.’’ 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to correct an 

inadvertent error contained in 

paragraph (a) of 40 CFR 62.2355 of the 

rulemaking and has no substantive 

impact on EPA’s December 30, 2010, 

approval. In addition, EPA can identify 

no particular reason why the public 

would be interested in being notified of 

the correction, or in having the 

opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis or action to approve the 

amendment in paragraph (a) to 40 CFR 

62.2355. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 


emcdonald on DSK29S0YB1PROD with RULES
6682 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Rules and Regulations 

Section 553(d)(3) of the APA 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.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) 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 action 

merely corrects an error in paragraph (a) 

of a prior rulemaking by correcting the 

date as identified above in 40 CFR 

62.2355 in a revision, which EPA 

approved on December 30, 2010. For 

these reasons, EPA finds good cause 

under APA section 553(d)(3) for this 

correction to become effective on the 

date of publication of this action. 

Statutory and Executive Order Reviews 

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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

error in paragraph (a) of a prior 

rulemaking by correcting the date as 

identified above in 40 CFR 62.2355, 

which EPA approved on December 30, 

2010, and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule merely corrects an inadvertent error 

in paragraph (a) of a prior rule, and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it 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 also 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 

rule also 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 merely 

corrects an error in paragraph (a) of a 

prior rulemaking by correcting the date 

as identified above in 40 CFR 62.2355, 

in a revision which EPA approved on 

December 30, 2010, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also 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. In addition, 

this rule does not involve technical 

standards, thus the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule also 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. section 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 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 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 April 9, 2012. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See CAA section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: December 9, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. In § 62.2355, paragraph (a) is 

revised to read as follows: 

§ 62.2355 Identification of sources. 

(a) The plan applies to existing 

facilities with a municipal waste 

combustor (MWC) unit capacity greater 

than 250 tons per day of municipal solid 

waste (MSW), and for which 

construction, reconstruction, or 

modification was commenced on or 

before September 20, 1994. 

* * * * * 

[FR Doc. 2012–2884 Filed 2–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 110781394–2048–02] 

RIN 0648–BB09 

Marine Mammals; Subsistence Taking 

of Northern Fur Seals; Harvest 

Estimates 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final estimates of annual fur 

seal subsistence needs. 

SUMMARY: Pursuant to the regulations 

governing the subsistence taking of 


emcdonald on DSK29S0YB1PROD with RULES