Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 23167 

to the preparation or review of any 

financial report. 

Dated: April 26, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2010–10075 Filed 4–30–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0993; FRL–9144–4] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On April 8, 2010 (75 FR 

17868), EPA published a direct final 

rule approving New Mexico State 

Implementation Plan (SIP) revisions that 

addressed one element of the ‘‘good 

neighbor’’ provisions of the Clean Air 

Act (CAA) for the 1997 ozone standards 

and the 1997 PM2.5 standards. The 

direct final action was published 

without prior proposal because EPA 

anticipated no adverse comments. EPA 

stated in the direct final rule that if EPA 

received adverse comments by May 10, 

2010, EPA would publish a timely 

withdrawal in the Federal Register. EPA 

subsequently received timely adverse 

comments on the direct final rule. 

Therefore, EPA is withdrawing the 

direct final approval. EPA will address 

the comments in a subsequent final 

action based on the parallel proposal 

also published on April 8, 2010 (75 FR 

17894). As stated in the parallel 

proposal, EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published 

on April 8, 2010 (75 FR 17868), is 

withdrawn as of May 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6717; fax number 

214–665–7263; e-mail address 

shahin.emad@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 24, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

■ Accordingly, the amendments to 40 

CFR 52.1620 published in the Federal 

Register on April 8, 2010 (75 FR 17868), 

which were to become effective on June 

7, 2010, are withdrawn. 

[FR Doc. 2010–10233 Filed 4–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2009–0351; FRL–9144–5] 

RIN 2060–AP62 

Protection of Stratospheric Ozone: The 

2010 Critical Use Exemption From the 

Phaseout of Methyl Bromide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule authorizes uses 

of methyl bromide that qualify for the 

2010 critical use exemption and the 

amount of methyl bromide that may be 

produced, imported, or supplied from 

existing pre-phaseout inventory for 

those uses in 2010. EPA is taking action 

under the authority of the Clean Air Act 

to reflect a recent consensus decision 

taken by the Parties to the Montreal 

Protocol on Substances that Deplete the 

Ozone Layer at the Twentieth Meeting 

of the Parties. 

DATES: This rule is effective on May 3, 

2010. 

ADDRESSES: EPA has established a 

docket for this action identified under 

EPA–HQ–OAR–2009–0351. All 

documents in the docket are listed on 

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

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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available only through http:// 

www.regulations.gov or in hard copy. To 

obtain copies of materials in hard copy, 

please call the EPA Docket Center at 

(202) 564–1744 between the hours of 

8:30 a.m.–4:30 p.m. E.S.T., Monday– 

Friday, excluding legal holidays, to 

schedule an appointment. The EPA 

Docket Center’s Public Reading Room 

address is EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by telephone at (202) 

343–9055, or by e-mail at 

arling.jeremy@epa.gov or by mail at U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division, 

Stratospheric Program Implementation 

Branch (6205J), 1200 Pennsylvania 

Avenue, NW., Washington, DC, 20460. 

You may also visit the Ozone Depletion 

Web site of EPA’s Stratospheric 

Protection Division at http:// 

www.epa.gov/ozone/strathome.html for 

further information about EPA’s 

Stratospheric Ozone Protection 

regulations, the science of ozone layer 

depletion, and related topics. 

SUPPLEMENTARY INFORMATION: This final 

rule concerns Clean Air Act (CAA) 

restrictions on the consumption, 

production, and use of methyl bromide 

(a Class I, Group VI controlled 

substance) for critical uses during 

calendar year 2010. Under the Clean Air 

Act, methyl bromide consumption 

(consumption is defined under the CAA 

as production plus imports minus 

exports) and production was phased out 

on January 1, 2005, apart from allowable 

exemptions, such as the critical use 

exemption and the quarantine and 

preshipment (QPS) exemption. With 

this action, EPA is authorizing the uses 

that qualify for the 2010 critical use 

exemption as well as specific amounts 

of methyl bromide that may be 

produced, imported, or supplied from 

pre-phaseout inventory for critical uses 

in 2010. 

Section 553(d) of the Administrative 

Procedure Act (APA), 5 U.S.C. Chapter 

5, generally provides that rules may not 

take effect earlier than 30 days after they 

are published in the Federal Register. 

EPA is issuing this final rule under 

section 307(d)(1) of the Clean Air Act, 

which states: ‘‘The provisions of section 

553 through 557 * * * of Title 5 shall 

not, except as expressly provided in this 

section, apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective on May 3, 

2010. APA section 553(d) provides an 

exception for any action that grants or 

recognizes an exemption or relieves a 

restriction. This final rule grants an 

exemption from the phaseout of methyl 

bromide. 

Table of Contents 

I. General Information 

Regulated Entities 

II. What is methyl bromide? 


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