20252 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2012–0095; FRL–9795–8] 

RIN 2040–AF33 

Water Quality Standards; Withdrawal 

of Certain Federal Water Quality 

Criteria Applicable to California, New 

Jersey and Puerto Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

amend the federal regulations to 

withdraw certain human health and 

aquatic life water quality criteria 

applicable to waters of New Jersey, 

Puerto Rico, and California’s San 

Francisco Bay. In 1992, EPA 

promulgated the National Toxics Rule 

or NTR to establish numeric water 

quality criteria for 12 states and two 

Territories, including New Jersey, 

Puerto Rico and parts of California. On 

May 18, 2000, EPA then promulgated a 

final rule known as the California 

Toxics Rule or CTR in order to establish 

numeric water quality criteria for 

priority toxic pollutants for the State of 

California that were not previously in 

the NTR. These two states and one 

territory have now adopted, and EPA 

has approved, water quality criteria for 

certain pollutants included in the NTR. 

Since California, New Jersey, and Puerto 

Rico now have criteria that are 

applicable water quality standards for 

purposes of the Clean Water Act, EPA 

has determined that the federally 

promulgated criteria are no longer 

needed for these pollutants. In today’s 

action, EPA is amending the federal 

regulations to withdraw those certain 

criteria applicable to California, New 

Jersey, and Puerto Rico as described in 

the April 5, 2012 proposed rule. The 

withdrawal of the federally promulgated 

criteria will enable New Jersey, Puerto 

Rico, and California to implement their 

EPA-approved water quality criteria. 

DATES: This final rule is effective on 

June 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action identified by 

Docket ID No. EPA–HQ–OW–2012– 

0095. For additional information about 

EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

two Docket Facilities. The Office of 

Water (‘‘OW’’) Docket Center is open 

from 8:30 a.m. until 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (202) 566–2426 and the Docket 

address is OW Docket, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC, 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. Publicly available 

docket materials are also available in 

hard copy at the U.S. EPA Region 2 and 

U.S. EPA Region 9 addresses. Docket 

materials can be accessed from 9:00 a.m. 

until 3:00 p.m., Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information with respect to New Jersey, 

contact Wayne Jackson, U.S. EPA, 

Region 2, Clean Water Division, 290 

Broadway, New York, New York 10007 

(telephone: (212) 637–3807 or email: 

jackson.wayne@epa.gov). For 

information with respect to Puerto Rico, 

contact Izabela Wojtenko, U.S. EPA, 

Region 2, Clean Water Division, 290 

Broadway, New York, NY 10007 

(telephone: (212) 637–3814 or email: 

wojtenko.izabela@epa.gov). For 

information with respect to California, 

contact Diane E. Fleck, P.E. Esq., U.S. 

EPA Region 9, WTR–2, 75 Hawthorne 

St., San Francisco, CA 94105 

(telephone: (415) 972–3480 or email: 

fleck.diane@epa.gov). For general and 

administrative concerns, contact Bryan 

‘‘Ibrahim’’ Goodwin, U.S. EPA 

Headquarters, Office of Science and 

Technology, 1200 Pennsylvania Avenue 

NW., Mail Code 4305T, Washington, DC 

20460 (telephone: (202) 566–0762 or 

email: goodwin.bryan@epa.gov). 

SUPPLEMENTARY INFORMATION: 

I. General Information 

No one is regulated by this rule. This 

rule withdraws certain federal water 

quality criteria applicable to New Jersey, 

Puerto Rico, and California. The 

withdrawal of the federal water quality 

criteria applicable to New Jersey and 

Puerto Rico in this action, in 

combination with previous federal 

withdrawal actions, results in the 

complete removal of New Jersey and 

Puerto Rico from the NTR. 

Background 

In 1992, EPA promulgated the NTR to 

establish numeric water quality criteria 

for 12 states and two Territories, 

including New Jersey, Puerto Rico and 

parts of California (hereafter ‘‘States’’) 

that had failed to comply fully with 

Section 303(c)(2)(B) of the Clean Water 

Act or CWA, 33 U.S.C. 1313(c)(2)(B) (57 

FR 60848, December 22, 1992). The 

criteria codified at 40 CFR 131.36 

became the applicable water quality 

standards in those 14 States for all 

purposes and programs under the CWA 

effective February 5, 1993. 

On May 18, 2000, EPA then 

promulgated a final rule known as the 

CTR at 40 CFR 131.38 in order to 

establish numeric water quality criteria 

for priority toxic pollutants for the State 

of California that were not previously in 

the NTR, because the State had not 

complied fully with Section 303(c)(2)(B) 

of the CWA (65 FR 31682). At that time, 

any criteria promulgated as part of the 

NTR for California were codified in the 

criteria tables for the CTR at 40 CFR 

131.38. The water quality standards 

program was developed with an 

emphasis on state primacy. Although in 

the NTR and CTR EPA promulgated 

toxic criteria for the certain States, EPA 

prefers that states maintain primacy and 

revise their own standards to achieve 

full compliance with the CWA (see 57 

FR 60860, December 22, 1992). As 

described in the preamble to the final 

NTR and CTR, when a State adopts, and 

EPA approves, water quality criteria that 

meet the requirements of the CWA, EPA 

issues a rule amending the NTR and/or 

CTR to withdraw the federal criteria 

applicable to that State. On April 5, 

2012, EPA proposed the withdrawal of 

certain criteria for New Jersey, Puerto 

Rico and California’s San Francisco Bay 

(see 77 FR 20585; April 5, 2012). EPA 

received comments for the proposed 

rule and a listing of the comments and 

EPA’s responses are contained in the 

document ‘‘Response to Comments for 

Water Quality Standards; Withdrawal of 

Certain Federal Water Quality Criteria 

Applicable to California, New Jersey 

and Puerto Rico.’’ Today, EPA is taking 

final action on its proposal. This rule 

does not remove any water quality 

protections. Rather, it removes a federal 

regulation that essentially duplicates 

State regulation. 

New Jersey 

As discussed in the proposal (77 FR 

20585; April 5, 2012), this final rule 


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1 In the regulatory text, saltwater criteria for 

cyanide are identified as Columns C1 and C2 of 

‘‘Compound 14’’ in National Toxics Rule at 40 CFR 

131.36(b)(1), therefore, the proposed withdrawal 

will remove Column C1 ‘‘pollutant 14’’ and Column 

C2 ‘‘pollutant 14’’ from the applicable criteria to 

Waters of San Francisco Bay, at 40 CFR 

131.36(d)(10)(ii). 

withdraws criteria for New Jersey 

related to two separate approval actions: 

August 16, 2002 and December 20, 

2006. EPA’s action approving New 

Jersey’s adopted criteria (including a 

rationale for approving criteria that are 

less stringent than the federally 

promulgated criteria) can be accessed at 

OW docket number EPA–HQ–OW– 

2012–0095. 

Today, EPA is withdrawing the 

federal water quality criteria listed 

below, as the state’s criteria have been 

determined to meet the requirements of 

the CWA and EPA’s implementing 

regulations at 40 CFR 131. 

• Arsenic (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)) 

• Cadmium (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)) 

• Chromium III (aquatic life— 

freshwater (acute and chronic)) 

• Chromium VI (aquatic life— 

freshwater (acute and chronic) and 

marine water (acute and chronic)) 

• Copper (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)) 

• Lead (aquatic life—freshwater (acute 

and chronic) and marine water (acute 

and chronic)) 

• Mercury (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)) 

• Nickel (aquatic life—freshwater (acute 

and chronic) and marine water (acute 

and chronic)) 

• Selenium (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)) 

• Silver (aquatic life—freshwater (acute) 

and marine water (acute)) 

• Zinc (aquatic life—freshwater (acute 

and chronic) and marine water (acute 

and chronic)) 

• Chlorodibromomethane (human 

health—organisms only) 

• 1,1–Dichloroethylene (human 

health—organisms only). 

• 1,1,2,2–Tetrachloroethane (human 

health—organisms only). 

• 1,1,2–Trichloroethane (human 

health—organisms only). 

• Fluorene (human health—organisms 

only) 

• Hexachlorbutadiene (human health— 

organisms only) 

• Isophrone (human health—organisms 

only) 

• gamma-BHC (human health— 

organisms only) 

• PCBs (human health—water & 

organisms and organisms only) 

The finalization of this action for New 

Jersey results in the complete removal of 

New Jersey from the NTR. 

Puerto Rico 

As discussed in the proposal (77 FR 

20585; April 5, 2012), this final rule 

withdraws criteria for Puerto Rico 

related to one approval action on 

August 4, 2010. EPA’s actions approving 

Puerto Rico’s adopted criteria (including 

a rationale for approving criteria that are 

less stringent than the federally 

promulgated criteria) can be accessed at 

OW docket number EPA–HQ–OW– 

2012–0095. 

Today, EPA is withdrawing the 

federal water quality criteria listed 

below, as Puerto Rico’s criteria have 

been determined to meet the 

requirements of the CWA and EPA’s 

implementing regulations at 40 CFR part 

131. 

• Chromium VI (aquatic life—marine 

water (acute and chronic)) 

• Mercury (aquatic life—freshwater 

(chronic) and marine water (chronic)) 

• Thallium (human health –water & 

organisms and organisms only) 

• Dioxin (human health—water & 

organisms and organisms only) 

• Dichlorobromomethane (human 

health—water & organisms and 

organisms only) 

• Benzo(a)Anthracene (human health— 

water & organisms and organisms 

only) 

• Benzo(a)Pyrene (human health— 

water & organisms and organisms 

only) 

• Benzo(b)Flouranthene (human 

health—water & organisms and 

organisms only) 

• Benzo(k)Flouranthene (human 

health—water & organisms and 

organisms only) 

• Chrysene (human health—water & 

organisms and organisms only) 

• Dibenzo(a,h)Anthracene (human 

health—water & organisms and 

organisms only) 

• Fluorene (human health—organisms 

only) 

• Indeno(1,2,3-cd) Pyrene (human 

health—water & organisms and 

organisms only) 

• Isophrone (human health—water & 

organisms and organisms only) 

• alpha-BHC (human health—water & 

organisms and organisms only) 

• beta-BHC (human health—water & 

organisms and organisms only) 

• gamma-BHC (aquatic life—freshwater 

(chronic)) 

• alpha-Endosulfan (aquatic life— 

marine water (acute and chronic)) 

• beta-Endosulfan (aquatic life—marine 

water (acute and chronic)) 

• Endosulfan Sulfate (human health— 

water & organisms and organisms 

only) 

• Endrin (aquatic life—freshwater 

(chronic)) 

• Endrin Aldehyde (human health— 

water & organisms and organisms 

only) 

• Heptachlor Epoxide (aquatic life— 

freshwater (acute and chronic) and 

marine water (acute and chronic) 

(human health—water & organisms 

and organisms only) 

• PCBs (aquatic life—freshwater 

(chronic) and marine water (chronic)) 

(human health—water & organisms 

and organisms only) 

The finalization of the proposed 

actions for Puerto Rico results in the 

complete removal of Puerto Rico from 

the NTR. 

California 

As discussed in the proposal (77 FR 

20585; April 5, 2012), this final rule 

withdraws cyanide criteria applicable to 

San Francisco Bay, California, which 

EPA approved on July 22, 2008, from 

the NTR and makes conforming edits to 

the CTR regulations found in 40 CFR 

part 131. EPA’s actions which approve 

California’s adopted objectives can be 

accessed at OW docket number EPA– 

HQ–OW–2012–0095. 

Today, EPA is withdrawing those 

federal water quality criteria for which 

California’s criteria have been 

determined to meet the requirements of 

the CWA and EPA’s implementing 

regulations at 40 CFR part 131. This 

final rule will result in the withdrawal 

of saltwater aquatic life cyanide 1

criteria for San Francisco Bay under the 

NTR (with conforming changes to the 

CTR). However, other criteria for 

cyanide for waters in California that are 

currently part of the NTR or CTR will 

remain unchanged in the federal 

regulations. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

This action withdraws certain federal 

requirements applicable to California, 

New Jersey, and Puerto Rico, and 

imposes no regulatory requirements or 

costs on any person or entity, does not 

interfere with the action or planned 

action of another agency, and does not 

have any budgetary impacts or raise 

novel legal or policy issues. Thus it has 

been determined that this rule is not a 


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20254 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is, 

therefore, not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This rule does not impose any new 

information-collection burden because 

it is administratively withdrawing 

federal requirements that are no longer 

needed in New Jersey, Puerto Rico, and 

California. It does not include any 

information-collection, reporting, or 

recordkeeping requirements. The Office 

of Management and Budget (‘‘OMB’’) 

has, however, previously approved the 

information-collection requirements 

contained in the existing regulations 40 

CFR Part 131 under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2040–0049. The OMB 

control numbers for EPA’s regulations 

are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act or RFA 

(5 U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally requires 

an agency to prepare a regulatory 

flexibility analysis of any rule subject to 

notice-and-comment rulemaking 

requirements under the Administrative 

Procedure Act or any other statute, 

unless the agency certifies that the rule 

will not have significant economic 

impact on a substantial number of small 

entities. Small entities include small 

businesses, small organizations, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of this action on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s or SBA’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise, which is 

independently owned and operated and 

is not dominant in its field. 

This rule imposes no regulatory 

requirements or costs on any small 

entity. Therefore, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title III of the Unfunded Mandates 

Reform Act or UMRA (Pub. L. 104–4) 

establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, Tribal, and 

local governments and the private 

sector. Today’s rule contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 or UMRA, 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any state, local, or tribal governments, 

or the private sector. Thus, this rule is 

not subject to the requirements of 

UMRA Sections 202 and 205 for a 

written statement and small government 

agency plan. Similarly, EPA has 

determined that this rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments and is, therefore, not 

subject to UMRA Section 203. 

E. Executive Order 13132 (Federalism) 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure State and 

local government officials have an 

opportunity to provide input in the 

development of regulatory policies that 

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 governments. This rule does 

not have federalism implications. It will 

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 of August 4, 

1999, entitled ‘‘Federalism’’ (64 FR 

43255, August 10, 1999). This rule 

imposes no regulatory requirements or 

costs on any state or local governments. 

Thus, Executive Order 13132 does not 

apply to this action. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This rule does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule imposes no regulatory 

requirements or costs on any tribal 

government. It does not have substantial 

direct effects on tribal governments, 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 in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045 (Protection of 

Children From Environmental Health 

and Safety Risks) 

This rule is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant as defined in 

Executive Order 12866 and because EPA 

does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

This rule 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 under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities, 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 


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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 20255 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because: (1) New Jersey’s, 

Puerto Rico’s, and California’s criteria 

apply to all marine waters in the State, 

and thus EPA does not believe that this 

action would disproportionately affect 

any one group over another, and (2) EPA 

has previously determined, based on the 

most current science and EPA’s CWA 

Section 304(a) recommended criteria, 

that New Jersey’s, Puerto Rico’s, and 

California’s adopted and EPA-approved 

criteria are protective of human health 

and aquatic life. 

K. Congressional Review Act 

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, 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). This rule 

will be effective June 3, 2013. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements, Water pollution control. 

Dated: March 22, 2013. 

Bob Perciasepe, 

Acting Administrator. 

For the reasons set out in the 

preamble title 40, Chapter I, part 131 of 

the Code of Federal Regulations is 

amended as follows: 

PART 131—WATER QUALITY 

STANDARDS 

■ 1. The authority citation for part 131 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq. 

■ 2. Section 131.36 is amended as 

follows: 

■ a. Removing and reserving paragraphs 

(d) (3) and (d) (4). 

■ b. Amending the table in paragraph 

(d)(10)(ii) as follows: 

■ i. Adding a new first entry ‘‘Waters of 

the Sacramento-San Joaquin Delta 

within Regional Water Board 5’’; and 

■ ii. Revising the entry for ‘‘Waters of 

San Francisco Bay upstream to and 

including Suisun Bay and the 

Sacramento-San Joaquin Delta.’’ 

The additions and revisions read as 

follows: 

§ 131.36 Toxics criteria for those states 

not complying with Clean Water Act section 

303 (c)(2)(B). 

* * * * * 

(d) * * * 

(10) * * * 

(ii) * * * 

Water and use classification Applicable criteria 

Waters of the Sacramento-San Joaquin Delta within Regional Water 

Board 5.

Column C1—polluntant 14. 

Column C2—pollutant 14. 

*******

Waters of San Francisco Bay upstream to and including Suisun Bay 

and the Sacramento-San Joaquin Delta.

These waters are assigned the criteria in: 

Column B1—pollutants 5a, 10* and 14. 

Column B2—pollutants 5a, 10* and 14. 

Column D2—pollutants 1, 12, 17, 18, 21, 22, 29, 30, 32, 33, 37, 

38, 42–44, 46, 48, 49, 54, 59, 66, 67, 68, 78–82, 85, 89, 90, 91, 

93, 95, 96, 98. 

* * * * * * * 

§ 131.38 [Amended] 

■ 3. Section 131.38 is amended by 

revising footnote ‘‘r’’ in the ‘‘Footnotes 

to Table in Paragraph (b) (1)’’ to read as 

follows: 

§ 131.38 Establishment of numeric criteria 

for priority toxic pollutants for the State of 

California. 

* * * * * 

r. These criteria were promulgated for 

specific waters in California in the NTR. 

The specific waters to which the NTR 

criteria apply include: Waters of the 

State defined as bays or estuaries 

including the Sacramento-San Joaquin 

Delta within California Regional Water 

Board 5, but excluding the San 

Francisco Bay. This section does not 

apply instead of the NTR for these 

criteria. 

* * * * * 

[FR Doc. 2013–07784 Filed 4–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 07–42; FCC 07–208] 

Leased Commercial Access 

AGENCY: Federal Communications 

Commission. 

ACTION: Technical amendments. 

SUMMARY: The Federal Communications 

Commission (FCC) is making a technical 

amendment to correct a final rule that 

appeared in the Federal Register of 

February 28, 2008. The document 

revised rules concerning Leased 

Commercial Access. Some of the revised 

rules contained information collections 

that required approval by OMB. Some 

other revised rules were held in 

abeyance pending OMB approval. 

Finally, some rule revisions were 

effective without OMB approval. The 

entire order, FCC 07–208, was judicially 

stayed pending judicial review, which is 

being held in abeyance, and no rule 

revisions have become effective. 

Therefore, the previously published 

rules are still in effect. This document 

makes a technical amendment so that 

the rules that are published in the 

Federal Register reflect the Leased 

Commercial Access rules that have 

remained in effect continuously and are 

currently still in effect. 


wreier-aviles on DSK5TPTVN1PROD with RULES