Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 49613 

§ 165.T05–0759 Safety Zone: American 

Music Festival Fireworks Event, 

Chesapeake Bay, Virginia Beach, VA. 

(a) Regulated area. The following area 

is a safety zone: All navigable waters of 

the Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25–

10, in the vicinity of the Virginia Beach 

Oceanfront in Virginia Beach, VA and 

within 420 feet of position 36°49′58′′ N 

/ 75°57′57′′ W (NAD 1983). 

(b) Definitions. As used in this 

section, Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555 or (757) 484–

8192. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65 Mhz) 

and channel 16 (156.8 Mhz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This rule is 

effective on August 29, 2008 from 10 

p.m. to 11 p.m. and on August 31, 2008 

from 10 p.m. to 11 p.m. 

Dated: July 30, 2008. 

Patrick B. Trapp, 

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

Port Hampton Roads. 

[FR Doc. E8–19533 Filed 8–21–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–OAR–R04–2008–0512–200815 (a); 

FRL–8706–4] 

Approval and Promulgation of Plans; 

North Carolina: Miscellaneous 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the North Carolina Department of 

Environment and Natural Resources 

(NCDENR) on behalf of the State of 

North Carolina on April 16, 2001, April 

4, 2003, and December 14, 2004. The 

purpose of these revisions is to require 

that continuous emissions monitoring 

systems be used to determine 

compliance; specify a 24-hour block 

averaging time for sulfur dioxide 

emissions; make a correction to a crossreference; provide options for supplying 

missing data and for determining heat 

input; and make several revisions to 

permit exemptions. This action is being 

taken pursuant to section 110 of the 

Clean Air Act (CAA). 

DATES: This direct final rule is effective 

October 21, 2008 without further notice, 

unless EPA receives adverse comment 

by September 22, 2008. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–OAR–

R04–2008–0512 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: ward.nacosta@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–OAR–R04–2008–

0512,’’ 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. 

5. Hand Delivery or Courier: Nacosta 

C. Ward, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–OAR–R04–2008–

0512.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either electronically in http:// 

www.regulations.gov or in hard copy at 

the 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. EPA 

requests that if at all possible, you 

contact the person listed in the FOR


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49614 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, 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. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. EPA’s Action 

II. Analysis of the State’s Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Action 

EPA is taking direct final action to 

approve multiple revisions for several 

rules submitted by NCDENR on April 

16, 2001, April 4, 2003, and December 

14, 2004. The revisions were submitted 

to update the SIP with State rule 

changes. The rule changes support 

North Carolina’s plan for attainment and 

maintenance of the NAAQS. The rule 

changes now being incorporated into 

the SIP are as follows: 

a. 15A North Carolina Administrative 

Code (NCAC) subchapter 2D, section 

.0519, ‘‘Emission Control Standards; 

Control of Nitrogen Dioxide and 

Nitrogen Oxides’’ (submitted December 

14, 2004, and effective January 1, 2005); 

b. 15A NCAC subchapter 2D, section 

.0606, ‘‘Monitoring: Recordkeeping: 

Reporting; Sources Covered by 

Appendix P of 40 CFR part 51’’

(submitted April 16, 2001, April 4, 

2003, and December 14, 2004, and 

effective January 1, 2005); 

c. 15A NCAC subchapter 2D, section 

.0608, ‘‘Monitoring/Recordkeeping/ 

Reporting; Other Large Coal or Residual 

Oil Burners’’ (submitted April 16, 2001, 

April 4, 2003, and December 14, 2004, 

and effective January 1, 2005); 

d. 15A NCAC subchapter 2D, section 

.1404, ‘‘Nitrogen Oxides; 

Recordkeeping: Reporting: Monitoring’’

(submitted December 14, 2004, and 

effective January 1, 2005); and 

e. 15A NCAC subchapter 2Q, section 

.0102, ‘‘Air Quality Permits Procedures; 

Activities Exempted from Permit 

Requirements’’ (submitted December 14, 

2004, and effective January 1, 2005). 

II. Analysis of State’s Submittal 

The following analysis is in the order 

of the rules noted above. 

a. 15A NCAC, subchapter 2D, section 

.0519 is being revised to remove an 

incorrect cross-reference in the 

paragraph which specifies how to 

calculate the allowable emission limit 

for boilers that burn both coal and oil 

or gas. 

b. and c. 15A NCAC, subchapter 2D, 

sections .0606 and .0608 are being 

revised to require continuous emission 

monitoring systems (CEMS) be used to 

determine compliance for sources 

covered by Appendix P of 40 CFR part 

51 and other large coal or residual oil 

burners if these sources are required to 

use CEMS under another State or federal 

rule and to specify a 24-hour averaging 

time for sulfur dioxide emissions to 

determine compliance. These rules were 

revised to provide facilities an 

alternative method of sampling coal and 

fuel oil instead of sampling each fuel 

shipment individually. This revision 

was made to improve the quality of 

reported sulfur dioxide emissions 

estimates. The final revision to these 

rules allow for a different procedure or 

methodology other than those specified 

by sections .0606 and .0608 to be used 

if certain conditions are met, specifying 

the procedures for requesting these 

alternative methodologies and approval 

of the request to utilize them. These 

rules currently contain specific 

procedures and methodologies for how 

to monitor sulfur dioxide emissions for 

fossil fuel-fired steam generators, nitric 

acid plants, sulfuric acid plants, 

petroleum refineries, and other large 

coal or residual oil burners. 

d. 15A NCAC, subchapter 2D .1404 is 

being revised to include options for 

supplying missing data and determining 

heat input. This revision allows the 

owner or operator of the source to avoid 

having to supply missing data if it can 

be documented that the source and its 

control device were being properly 

operated when the monitoring 

measurements are missing. 

e. 15A NCAC, subchapter 2Q .0102 is 

being revised to make changes to several 

permit exemptions. Those permit 

exemptions pertain to petroleum dry 

cleaners, small fuel combustion sources 

which primarily combust wood, and 

emergency generators. Revisions to this 

section make corrections to a crossreference and typographical errors and 

also includes a clarification that to 

qualify for the permit exemption, the 

exempted sources at a facility must not 

be in violation of any applicable 

emission standard. 

III. Final Action 

EPA is taking direct final action to 

approve the aforementioned revisions, 

specifically, subchapter 2D, sections 

.0519, .0606, .0608, and .1404, and 

subchapter 2Q, section .0102 into the 

North Carolina SIP. These revisions 

were submitted by NCDENR on April 

16, 2001, April 4, 2003, and December 

14, 2004. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective October 21, 2008 

without further notice unless the 

Agency receives adverse comments by 

September 22, 2008. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on October 21, 

2008 and no further action will be taken 

on the proposed rule. 

IV. 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 


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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 49615 

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); 

• 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 October 21, 2008. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 6, 2008. 

Russell L. Wright, Jr., 

Acting Deputy 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 II—North Carolina 

■ 2. In § 52.1770(c), table 1 is amended: 

(a) Under subchapter 2D by revising 

the entries for ‘‘.0519 Control of 

Nitrogen Dioxide and Nitrogen Oxides,’’

‘‘.0606 Sources Covered by Appendix P 

of 40 CFR Part 51,’’ ‘‘.0608 Other Large 

Coal or Residual Oil Burners,’’ ‘‘.1404 

Recordkeeping: Reporting: Monitoring’’; 

and 

(b) Under subchapter 2Q by revising 

the entry for ‘‘.0102 Activities Exempted 

from Permit Requirements’’ to read as 

follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

Subchapter 2D Air Pollution Control Requirements 

* * * * * * * 

Sect. 0519 ............................................. Control of Nitrogen Dioxide and Nitrogen Oxides.01/01/05 08/22/08 

* * * * * * * 

Sect. 0606 ............................................. Sources Covered by Appendix P of 40 

CFR part 51.

01/01/05 08/22/08 

* * * * * * * 

Sect. 0608 ............................................. Other Large Coal or Residual Oil Burners.01/01/05 08/22/08 

* * * * * * * 

Sect. 1404 ............................................. Recordkeeping: Reporting: Monitoring 01/01/05 08/22/08 

* * * * * * * 

Subchapter 2Q Air Quality Permits 

* * * * * * * 

Sect. 0102 ............................................. Activities Exempted from Permit Requirements.01/01/05 08/22/08 


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49616 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued 

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

* * * * * * * 

[FR Doc. E8–19192 Filed 8–21–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 522 

[GSAR Amendment 2008–01; GSAR Case 

2006–G505; (Change 22); Correction; 

Docket FAR–2008—0007; Sequence 1] 

General Services Administration 

Acquisition Regulation; Correction 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Correction. 

SUMMARY: The General Services 

Administration (GSA) is issuing a 

correction to GSAR Amendment 2008–

01; GSAR Case 2006–G505; (Change 22), 

which was published in the Federal 

Register at 73 FR 46202, August 8, 2008. 

DATES: Effective Date: August 22, 2008. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC, 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Ernest Woodson, 

Procurement Analyst, at (202) 501–

3775. Please cite GSAR Amendment 

2008–01; GSAR Case 2006–G505; 

(Change 22); Correction. 

Correction 

In the final rule document appearing 

in the issue of August 8, 2008: 

1. On page 46202, second column, last 

paragraph under ‘‘Background,’’ remove 

‘‘deleted in its entirety because of its 

potential for conflict’’ and add ‘‘revised 

to ensure consistency’’ in its place. 

Dated: August 18, 2008. 

Laurieann Duarte, 

Acting Director, Regulatory Secretariat. 

[FR Doc. E8–19501 Filed 8–21–08; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 080310408–81008–02] 

RIN 0648–AW55 

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 

northern fur seals, NMFS is publishing 

the annual fur seal subsistence harvests 

on St. George and St. Paul Islands (the 

Pribilof Islands) for 2005 to 2007, and 

the annual estimates for the fur seal 

subsistence needs for 2008 through 

2010. NMFS estimates the annual 

subsistence needs are 1,645–2,000 seals 

on St. Paul and 300–500 seals on St. 

George. 

DATES: Effective September 22, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael Williams, (907) 271–5117, 

email Michael.Williams@noaa.gov; Kaja 

Brix, (907) 586–7824, email 

Kaja.Brix@noaa.gov; or Tom Eagle, (301) 

713–2322, ext. 105, email 

Tom.Eagle@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

A Final Environmental Impact 

Statement is available on the Internet at 

the following address: http:// 

www.fakr.noaa.gov/protectedresources/ 

seals/fur.htm. 

The subsistence harvest from the 

depleted stock of northern fur seals on 

the Pribilof Islands, AK, is governed by 

regulations found in 50 CFR part 216, 

subpart F, Taking for Subsistence 

Purposes. The regulations require NMFS 

to publish every 3 years a summary of 

the harvest in the preceding 3 years and 

a discussion of the number of fur seals 

expected to be taken over the next 3 

years to satisfy the subsistence 

requirements of residents of the Pribilof 

Islands (St. Paul and St. George). After 

a 30-day comment period, NMFS must 

publish a final notification of the 

expected annual harvest levels for the 

next 3 years. 

On June 3, 2008 (73 FR 31666), NMFS 

published the summary of the 2005–

2007 fur seal harvests and provided a 

30-day comment period on proposed 

estimates of subsistence needs for 2008–

2010. One comment letter was received 

on the proposed estimates. The letter 

identified one substantive point: The 

northern fur seal harvest is unnecessary. 

NMFS responds that the harvest of 

northern fur seals meets the dietary and 

cultural needs of the Pribilof Island 

Alaska Native residents (Pribilovians). 

The harvest is authorized by the Fur 

Seal Act and the Marine Mammal 

Protection Act and continues a tradition 

as reported in numerous government 

documents dating back to the late 1800s. 

NMFS estimates the annual subsistence 

needs are 1,645–2,000 juvenile male fur 

seals on St. Paul and 300–500 juvenile 

male fur seals on St. George. 

Background information related to these 

estimates was included in the proposed 

harvest estimates published in the 

Federal Register on June 3, 2008. 

Classification 

National Environmental Policy Act 

NMFS prepared an EIS evaluating the 

impacts on the human environment of 

the subsistence harvest on northern fur 

seals. The final EIS is available on the 

Internet (see Electronic Access). 

Executive Order 12866 and Regulatory 

Flexibility Act 

This action has been determined to be 

not significant under Executive Order 

(E.O.) 12866. The Chief Counsel for 

Regulation, Department of Commerce, 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration at the proposed rule 

stage that this action would not have a 

significant economic impact on a 

substantial number of small entities. 

Because the harvest of northern fur seals 

on the Pribilof Islands, AK, is for 

subsistence purposes only, the estimate 

of subsistence need would not have an 

economic effect on any small entities. 


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