Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2373 

October 15, 2009, the extended due date to 

file A’s 2008 Form 1040, falls within the 

postponement period described in the IRS’s 

published guidance, A’s return is timely if 

filed on or before December 2, 2009. 

However, the payment due date, April 15, 

2009, preceded the postponement period. 

Thus, A will continue to be subject to failure 

to pay penalties and accrual of interest 

during the postponement period. 

Example 7. (i) H and W, individual 

calendar year taxpayers, intend to file a joint 

Form 1040 for the 2008 taxable year. The 

joint return is due on April 15, 2009. After 

credits for taxes withheld on wages and 

estimated tax payments, H and W owe tax for 

the 2008 taxable year. H and W’s principal 

residence is in County J in State W. 

(ii) On March 3, 2009, severe flooding 

strikes County J. On March 6, 2009, certain 

counties in State W (including County J) are 

determined to be disaster areas within the 

meaning of section 1033(h)(3) that are 

eligible for assistance by the Federal 

government under the Stafford Act. Also on 

March 6, 2009, the IRS determines that 

County J in State W is a covered disaster area 

and publishes guidance announcing that the 

time period for affected taxpayers to file 

returns, pay taxes, and perform other timesensitive acts falling on or after March 3, 

2009, and on or before June 1, 2009, has been 

postponed to June 1, 2009. 

(iii) Because H and W’s principal residence 

is in County J, H and W are affected 

taxpayers. April 15, 2009, the due date for 

filing the 2008 joint return, falls within the 

postponement period described in the IRS 

published guidance. Therefore, H and W’s 

joint return without extension will be timely 

if filed on or before June 1, 2009. Similarly, 

H and W’s 2008 income taxes will be timely 

paid if paid on or before June 1, 2009. 

(iv) On April 30, 2009, H and W timely file 

Form 4868, ‘‘Application for Automatic 

Extension of Time to File U.S. Individual 

Income Tax Return.’’ H and W’s extension 

will be deemed to have been filed on April 

15, 2009. Thus, H and W’s 2008 income tax 

return will be timely if filed on or before 

October 15, 2009. 

(v) H and W did not request or receive an 

extension of time to pay. Therefore, the 

payment of tax due with the 2008 joint return 

will be timely if paid on or before June 1, 

2009. If H and W fail to pay the tax due on 

the 2008 joint return by June 1, 2009, H and 

W will be subject to failure to pay penalties 

and accrual of interest beginning on June 2, 

2009. 

Example 8. The facts are the same as in 

Example 7 except that H and W file the joint 

2008 return and pay the tax due on April 15, 

2009. Later, H and W discover additional 

deductions that would lower their taxable 

income for 2008. On June 1, 2012, H and W 

file a claim for refund under section 6511(a). 

The amount of H and W’s overpayment 

exceeds the amount of taxes paid on April 

15, 2009. Section 6511(a) generally requires 

that a claim for refund be filed within three 

years from the time the return was filed or 

two years from the time the tax was paid, 

whichever period expires later. Section 

6511(b)(2)(A) includes within the lookback 

period the period of an extension of time to 

file. Thus, payments that H and W made on 

or after June 1, 2009 would be eligible to be 

refunded. Because the period from April 15, 

2009 to June 1, 2009 is disregarded, the 

payments H and W made on April 15, 2009 

(including withholding or estimated tax 

payments deemed to have been made on 

April 15, 2009) would also be included in the 

section 6511(b)(2)(A) lookback period. Thus, 

H and W are entitled to a full refund in the 

amount of their overpayment. 

Example 9. (i) H and W, individual 

calendar year taxpayers, entered into an 

installment agreement with respect to their 

2006 tax liabilities. H and W’s installment 

agreement required H and W to make 

regularly scheduled installment payments on 

the 15th day of the month for the next 60 

months. H and W’s principal residence is in 

County K in State X. 

(ii) On May 1, 2009, severe flooding strikes 

County K. On May 5, 2009, certain counties 

in State X including County K) are 

determined by the Federal government to be 

disaster areas within the meaning of section 

1033(h)(3), and are eligible for assistance 

under the Stafford Act. Also on May 5, 2009, 

the IRS determines that County K in State X 

is a covered disaster area and publishes 

guidance announcing that the time period for 

affected taxpayers to file returns, pay taxes, 

and perform other time-sensitive acts falling 

on or after May 1, 2009 and on or before July 

1, 2009, has been postponed to July 1, 2009. 

(iii) Because H and W’s principal residence 

is in County K, H and W are affected 

taxpayers. Pursuant to the IRS’s grant of relief 

under section 7508A, H and W’s installment 

agreement payments that become due during 

the postponement period are suspended until 

after the postponement period has ended. H 

and W will be required to resume payments 

no later than August 15, 2009. Skipped 

payments will be tacked on at the end of the 

installment payment period. Because the 

installment agreement pertains to prior year 

tax liabilities, interest and penalties will 

continue to accrue. H and W may, however, 

be entitled to abatement of the failure to pay 

penalties incurred during the postponement 

period upon establishing reasonable cause. 

(g) Effective/applicability date. This 

section applies to disasters declared 

after January 15, 2009. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: January 6, 2009. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E9–767 Filed 1–14–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2560 

RIN 1210–AB24 

Civil Penalties Under ERISA Section 

502(c)(4) 

Correction 

In rule document Z8–31188 beginning 

on page 17 in the issue of Friday, 

January 2, 2009 make the following 

correction: 

On page 17, in the second column, in 

the DATES heading, March 3, 2008 

should read March 3, 2009. 

[FR Doc. Z8–31188 Filed 1–14–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1236] 

RIN 1625–AA87 

Security Zone; Steam Generator 

Transit, Captain of the Port Zone San 

Diego; San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving 

security zone around steam generators 

as they transit through and when 

moored in the Captain of the 

Port(COTP) zone San Diego. This 

security zone is needed to prevent 

vessels from transiting in the vicinity of 

the generators to help ensure the safety 

and security of the operation. Entry into 

this zone will be prohibited unless 

specifically authorized by the Captain of 

the Port, San Diego, or his designated 

representative. 

DATES: This rule is effective from 11:59 

p.m. on January 2, 2009, to 11:59 p.m 

on January 22, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

1236 and are available online at http:// 

www.regulations.gov. They are also 

available for inspection or copying two 

locations: the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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2374 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays, 

and the U.S. Coast Guard Sector San 

Diego, 2710 N. Harbor Drive, San Diego, 

CA 92101 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Shane Jackson, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7267. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it was 

impracticable since the logistical details 

of the steam generators transit in the 

Captain of the Port Zone San Diego was 

not finalized nor presented to the Coast 

Guard in enough time to draft and 

publish an NPRM. As such, the event 

would occur before the rulemaking 

process was complete. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The issuance of the final 

approval and permitting was so recent 

that the rule would be made effective 

less than 30 days after publication. 

Background and Purpose 

Steam Generators will be transiting to 

San Onofre Nuclear Power Plant. Due to 

the operational significance of the cargo 

the Captain of the Port is establishing a 

security zone to prevent vessels from 

transiting the area and to protect the 

generators and personnel from potential 

damage and injury. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary moving security zone that 

will be enforced from 11:59 p.m. on 

January 2, 2009, to 11:59 p.m on January 

22, 2009. The limits of the security zone 

will include all waters of the Pacific 

Ocean extending from the surface to the 

sea floor, within 200 yards ahead, and 

100 yards on each side and astern of the 

steam generators while underway and 

100 yards on all sides when moored in 

the navigable waters of COTP zone San 

Diego. 

Persons and vessels are prohibited 

from entering into or transiting through 

this security zone unless authorized by 

the Captain of the Port, or his 

designated representative. By 

prohibiting all vessel traffic from 

entering the waters surrounding these 

generators, the security of the cargo will 

be enhanced. U.S. Coast Guard 

personnel will enforce the security 

zone. 

The Captain of the Port may, in his 

discretion grant waivers or exemptions 

to this rule, either on a case-by-case 

basis or categorically to a particular 

class of vessel that otherwise is subject 

to adequate control measures. 

The Coast Guard will issue a 

Broadcast Notice to Mariners to further 

ensure the local boating traffic is aware 

of the security zone and its geographical 

boundaries. Vessels or persons violating 

this section will be subject to both 

criminal and civil penalties. 

The security zone will be effective 

from 11:59 p.m. on January 2, 2009, to 

11:59 p.m on January 22, 2009. A 

Broadcast Notice to Mariners will notify 

the public on the specific days of 

transit. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size and location of the 

security zone. The affected area will be 

relatively small in size and will only 

briefly affect the transits of other 

vessels. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

We anticipate that the security zone 

would not have a significant economic 

impact on a substantial number of small 

entities for the following reasons. This 

rule would only affect those small 

portions of the waterways immediately 

surrounding the military operations 

within the COTP Zone. Before the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to users of the waterways so 

owners and operators can make 

necessary preparations. Traffic may also 

be allowed to pass through the security 

zone with the permission of the Coast 

Guard patrol commander or COTP. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888-REG-FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2375 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–132 to read as 

follows: 

§ 165.T11–132 Security zone; Steam 

generator transit, Captain of the port zone 

San Diego; San Diego, California. 

(a) Location. The security zone will 

include all waters of the Pacific Ocean 

extending from the surface to the sea 

floor, within 200 yards ahead, and 100 

yards on each side and astern of the 

steam generators, while underway and 

100 yards on all side when moored in 

the navigable waters of COTP zone San 

Diego, as defined in 33 CFR 3.55–15. 

(b) Enforcement Period. This section 

will be enforced from 11:59 p.m. on 

January 2, 2009, to 11:59 p.m on 

January, 22, 2009. If the need for the 

security zone ends before the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this security 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

Commissioned, Warrant, and Petty 

Officers of the Coast Guard onboard 

Coast Guard, Coast Guard Auxiliary, or 

local, state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port 

to assist in enforcement of this section. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center 

(COMCEN). The COMCEN may be 

contacted on VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

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2376 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies 

in the enforcement of this section. 

Dated: January 2, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–849 Filed 1–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064, FRL–8762–8] 

RIN 2060–AL75 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation and 

Project Netting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The EPA is taking final action 

on one part of the September 14, 2006 

Federal Register proposed rule for the 

New Source Review (NSR) program. The 

purpose of the proposed rule was to 

clarify for sources and permitting 

authorities three aspects of the NSR 

program—aggregation, debottlenecking, 

and project netting—that pertain to how 

to determine what emissions increases 

and decreases to consider in 

determining major NSR applicability for 

modified sources. This final action 

addresses only aggregation. 

This action retains the current rule 

text for aggregation and interprets that 

rule text to mean that sources and 

permitting authorities should combine 

emissions when activities are 

‘‘substantially related.’’ It also adopts a 

rebuttable presumption that activities at 

a plant can be presumed not to be 

substantially related if they occur three 

or more years apart. 

With respect to the other two 

components of the originally proposed 

rule, the EPA is taking no action on the 

proposed rule for project netting and, by 

way of a separate document published 

in the ‘‘Proposed Rules’’ section of this 

Federal Register, is withdrawing the 

proposed provisions for 

debottlenecking. 

DATES: This final rule is effective on 

February 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–2380; fax 

number: (919) 541–5509, e-mail address: 

svendsgaard.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include sources in all industry 

groups. The majority of sources 

potentially affected are expected to be in 

the following groups. 

Industry group SIC a NAICSb

Electric Services ................................... 491 ............................ 221111, 221112, 221113, 221119, 221121, 221122. 

Petroleum Refining ............................... 291 ............................ 324110. 

Industrial Inorganic Chemicals .............. 281 ............................ 325181, 325120, 325131, 325182, 211112, 325998, 331311, 325188. 

Industrial Organic Chemicals ................ 286 ............................ 325110, 325132, 325192, 325188, 325193, 325120, 325199. 

Miscellaneous Chemical Products ........ 289 ............................ 325520, 325920, 325910, 325182, 325510. 

Natural Gas Liquids .............................. 132 ............................ 211112. 

Natural Gas Transport .......................... 492 ............................ 486210, 221210. 

Pulp and Paper Mills ............................. 261 ............................ 322110, 322121, 322122, 322130. 

Paper Mills ............................................ 262 ............................ 322121, 322122. 

Automobile Manufacturing .................... 371 ............................ 336111, 336112, 336211, 336992, 336322, 336312, 336330, 336340, 336350, 

336399, 336212, 336213. 

Pharmaceuticals .................................... 283 ............................ 325411, 325412, 325413, 325414. 

Mining .................................................... 211, 212, 213 ............ 21. 

Agriculture, Fishing and Hunting .......... 111, 112, 113, 115 .... 11. 

aStandard Industrial Classification. 

b North American Industry Classification System. 

Entities potentially affected by the 

subject rule for this proposed action also 

include state, local, and tribal 

governments. 

B. How is this preamble organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. How is this preamble organized? 

II. Background 

III. Aggregation 

A. Overview 

B. EPA’s Policy on Aggregation 

C. Retention of Current Rule Text 

D. Environmental Impact 

IV. Project Netting 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Analysis 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12899: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

L. Judicial Review 

VI. Statutory Authority 

II. Background 

The reader is referred to 67 FR 80187– 

88 (December 31, 2002) for an overview 

of the NSR program of the Clean Air Act 

(CAA) and to 71 FR 54237 (September 

14, 2006) for background on this 

rulemaking. 

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