3870 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

(ii) XML (widely used, publicly 

documented XML–based word–processing 

formats, e.g., ODF/OpenDocument Format, 

Office OpenXML), with presentation 

stylesheets(s), if appropriate, rather than 

without. 

(iii) Plain text. 

(iv) Other formats (e.g., proprietary word 

processing or page layout formats). 

2. Metadata Elements: 

If it has already been gathered and is 

available, descriptive data (metadata) as 

described below should accompany the 

deposited material. 

a. Title level metadata: serial or journal 

title, ISSN, publisher, frequency, place of 

publication. 

b. Article level metadata, as relevant/ 

applicable: volume(s), number(s), issue 

dates(s), article title(s), article author(s), 

article identifier (DOI, etc.). 

c. With other descriptive metadata (e.g., 

subject heading(s), descriptor(s), abstract(s)), 

rather than without. 

3. Technological measures that control 

access to or use of the work should be 

removed. 

Dated: January 13, 2010. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2010–1202 Filed 1–22–10; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0797–200824(c); 

FRL–9099–9] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

Approval of Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for Cherokee County; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Correcting 

amendment. 

SUMMARY: On June 1, 2009, EPA 

published a direct final rule approving 

the Clean Air Act (CAA) Section 

110(a)(1) Maintenance Plan for the 1997 

8-hour ozone standard for Cherokee 

County as a revision to the South 

Carolina State Implementation Plan 

(SIP). In EPA’s direct final rule, there 

was an inadvertent error in the format 

of the Cherokee County entry in table (e) 

which contains South Carolina’s NonRegulatory Provision in the Code of 

Federal Regulations. This action 

corrects that formatting error. 

DATES: This action is effective January 

25, 2010. 

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 to 4:30, excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Mr. 

Farngalo’s telephone number is 404– 

562–9152. He can also be reached via 

electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

making a correction to the Cherokee 

County CAA 110(a)(1) Maintenance 

Plan entry that appears in table (e), of 

the South Carolina Non-Regulatory 

provisions section at 40 CFR 52.2120(e). 

This revision to South Carolina’s SIP 

was published in the Federal Register 

on June 1, 2009 (74 FR 26099), effective 

August 1, 2009. However, when the 

direct final rule approving this SIP 

revision was published, table (e) did not 

include the correct table format. EPA is 

correcting this inadvertent error by 

inserting the correctly formatted table 

(e) into South Carolina’s Identification 

of Plan section of the Code of Federal 

Regulations at 40 CFR 52.2120(e). 

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 a 

formatting error in the Code of Federal 

Regulations has no substantive impact 

on EPA’s June 1, 2009, approval of this 

regulation. The incorrectly formatted 

text in table (e) in EPA’s final rule 

published on June 1, 2009, makes no 

substantive difference to EPA’s analysis 

as set out in that rule. In addition, EPA 

can identify no particular reason why 

the public would be interested in being 

notified of the correction of this 

revision, or in having the opportunity to 

comment on the formatting correction 

prior to this action being finalized, since 

this formatting correction action does 

not change the meaning of the 

regulation at issue or otherwise change 

EPA’s analysis of South Carolina’s 

submittal (74 FR 26099). EPA also finds 

that there is good cause under APA 

section 553(d)(3) for this formatting 

correction to become effective on the 

date of publication of this action. 

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 rule 

merely corrects an inadvertent error of 

omission in the regulatory text of a prior 

rule by adding a correctly formatted 

table (e) for the South Carolina 

regulation which EPA approved on June 

1, 2009. 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 the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3871 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 March 26, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. 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, Intergovernmental 

relations, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 14, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart PP—South Carolina 

■ 2. Section 52.2120(e) is amended by 

revising the entry for the ‘‘Cherokee 

County 110(a)(1) Maintenance Plan for 

the 1997 8-hour ozone standard’’ to read 

as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Explanation 

* * * * * * * 

Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard .... 12/13/2007 7/31/09, 74 FR 

26099.

............................

* * * * * 

[FR Doc. E9–31172 Filed 1–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 07–294, 06–121, 02–277, 

04–228; MM Docket Nos. 01–235, 01–317, 

00–244; DA 09–2618] 

Promoting Diversification of 

Ownership in Broadcast Services; 

Suspension of Filing Date 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; suspension of 

compliance date. 

SUMMARY: This Order suspends the 

requirement that Form 323, Ownership 

Report for Commercial Broadcast 

Stations, be filed biennially by the 

January 11, 2010 filing deadline and 

grants an extension of time to file the 

form once the form is available again for 

biennial filings, of at least 90 days from 

that date. We will announce the new 

filing deadline in a subsequentlyreleased document. This temporary 

suspension will permit us to investigate 

what changes can be made to the form 

to reduce the time required to complete 

it and to lessen any unanticipated 

burdens in this regard without 

undermining the completeness, quality, 

usefulness, and aggregability of the data. 

DATES: The compliance date for the final 

rule published at 74 FR 56135 on 

October 30, 2009, which amended the 

requirement that Form 323 must be 

electronically filed no later than 

November 1, 2009, and every two years 

thereafter, is suspended indefinitely. 

The Commission will publish a 

document in the Federal Register 

announcing the new compliance date. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, Judith Herman, or 

Kristi Thompson, Industry Analysis 

Division, Media Bureau, at (202) 418– 

2330. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Media Bureau’s Order 

adopted on December 23, 2009. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs). The complete text may be 

purchased from the Commission’s copy 


jlentini on DSKJ8SOYB1PROD with RULES