Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57859 

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 023–01 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 this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of two 

temporary safety zones for daily 

offshore Blue Angels performances 

permitted as a marine event. 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 is amending 

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, 3306, 3703; 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.T14–210 to read as 

follows: 

§ 165.T14–210 Safety Zone; Blue Angels at 

Kaneohe Bay Air Show, Oahu, Hawaii. 

(a) Location. The following areas, 

consisting of all waters contained 

within an area of one box on the 

southwest side and one box on the north 

side of the Kaneohe Bay Naval 

Defensive Sea Area (NDSA) as 

established by Executive Order No. 8681 

of February 14, 1941, in Kaneohe Bay, 

Oahu, Hawaii, are temporary safety 

zones. This safety zone extends from the 

surface of the water to the ocean floor. 

These coordinates are based upon the 

National Oceanic and Atmospheric 

Administration Coast Survey, Pacific 

Ocean, Oahu, Hawaii, chart 19359. 

(1) Southwest of Mokapu Peninsula: 

The NDSA extending from 21°26.449 N, 

157°47.071 W then Southeast to 

21°26.270 N, 157°46.895 W then 

Northwest at a bearing of 51°True to the 

NDSA. 

(2) North of Mokapu Peninsula: The 

NDSA extending Northeast to position 

21°27.943 N, 157°44.953 W then 

Southeast to 21°28.251 N, 157°44.880 W 

then South at a bearing of 239° True to 

the NDSA. 

(b) Regulations. (1) Entry into or 

remaining in the temporary safety zones 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the Honolulu Coast Guard Captain of 

the Port. 

(2) Persons desiring to transit in the 

safety zones may contact the Honolulu 

Captain of the Port on VHF channel 16 

(156.800 MHz), or at telephone numbers 

808–842–2600 or 808–563–9906 to seek 

permission to transit the area. If 

permission is granted, all persons and 

watercraft must comply with the 

instructions of the Honolulu Captain of 

the Port or her designated 

representative. 

(c) Effective period. This rule is 

effective from 9 a.m. local (HST) time 

September 24, 2010, through 7 p.m. 

local (HST) time September 26, 2010. 

This rule will be enforced daily between 

the hours of 9 a.m. local (HST) time to 

7 p.m. local (HST) time during 

September 24–26, 2010. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person or vessel may 

enter or remain in either zone except for 

support vessels/aircraft and support 

personnel, or other watercraft 

authorized by the Honolulu Captain of 

the Port or her designated 

representatives. 

(e) Penalties. Vessels or persons 

violating this rule would be subject to 

the penalties set forth in 33 U.S.C. 1232 

and 50 U.S.C. 192. 

Dated: September 8, 2010. 

J.M. Nunan, 

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

Port Honolulu. 

[FR Doc. 2010–23768 Filed 9–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN21 

Specially Adapted Housing and 

Special Home Adaptation 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as a final rule its 

proposal to amend its adjudication 

regulations regarding specially adapted 

housing and special home adaptation 

grants. This final rule incorporates 

certain provisions from the Veterans 

Benefits Act of 2003, the Veterans 

Benefits Improvement Act of 2004, the 

Veterans’ Housing Opportunity and 

Benefits Improvement Act of 2006, and 

the Housing and Economic Recovery 

Act of 2008. These amendments are 

necessary to conform the regulations to 

the statutory provisions. 

DATES: This final rule is effective 

October 25, 2010. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

detailed information regarding the 

applicability dates of this final rule. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9739. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on December 18, 2009, (74 FR 

67145), VA proposed to amend its 

regulations pertaining to eligibility for 

specially adapted housing (SAH) grants 

and special home adaptation (SHA) 

grants. The public comment period 

ended on February 16, 2010, and VA 

received no comments. Therefore, VA is 

adopting the proposed rule as a final 

rule. However, we are making one 

change from the proposed rule. We are 

inserting ‘‘rated as permanent and total’’ 


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57860 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

into the first sentence of 38 CFR 

3.809(b) and 3.809a(b), so that the first 

sentence in each paragraph states: ‘‘A 

member of the Armed Forces serving on 

active duty must have a disability rated 

as permanent and total that was 

incurred or aggravated in line of duty in 

active military, naval, or air service.’’ 

Although we did not propose those 

provisions with the phrase ‘‘rated as 

permanent and total,’’ it is required by 

the statutory provisions on which they 

are based. Section 2101A(a) of title 38, 

United States Code, requires that 

housing assistance provided to certain 

members of the Armed Forces serving 

on active duty be provided ‘‘to the same 

extent as assistance is provided under 

[38 U.S.C. chapter 20] to veterans 

eligible under [chapter 20] and subject 

to the same requirements as veterans 

under [chapter 20].’’ To be entitled to a 

SAH or SHA grant, a veteran must be 

entitled to compensation ‘‘for a 

permanent and total service-connected 

disability.’’ 38 U.S.C. 2101(a)(2) and 

(b)(2). Therefore, for a member of the 

Armed Forces to be entitled to a SAH 

or SHA grant, the member’s disability 

that was incurred or aggravated in line 

of duty in active service (i.e., a serviceconnected disability) must be rated as 

permanent and total. Because the 

authorizing statutes require that SAH 

and SHA grants for Armed Forces 

members serving on active duty be 

conditioned on having a permanent and 

total service-connected disability, our 

implementing regulations must also 

impose that requirement. 

Applicability Dates: The following 

applicability dates are provided for 

those amended regulations which do 

not contain an applicability date in the 

regulatory text. These dates are based 

upon the effective dates of the 

applicable provisions of the following 

Public Laws: Public Law 108–183, with 

applicable provisions effective 

December 16, 2003; Public Law 108– 

454, with applicable provisions effective 

December 10, 2004; Public Law 109– 

233, section 105 of which is effective 

December 10, 2004; and Public Law 

110–289, with applicable provisions 

effective July 30, 2008. In accordance 

with the statutory provisions of these 

Public Laws, the following applicability 

dates pertain to this final rule: 

(1) The revisions to § 3.809(b) 

introductory text and § 3.809a(b) 

introductory text, pertaining to 

eligibility for SAH and SHA grants of 

persons disabled by VA treatment or 

vocational rehabilitation, apply to 

applications for SAH or SHA grants 

received by VA on or after December 10, 

2004. 

(2) The addition of § 3.809(b)(5), 

pertaining to loss or loss of use of both 

upper extremities as a disability 

qualifying for SAH grant eligibility, 

applies to all applications for SAH 

grants received by VA on or after 

December 10, 2004. 

(3) The addition of paragraph (b)(6) to 

§ 3.809 and the addition of paragraphs 

(b)(2)(ii) through (b)(2)(iv) to 3.809a, 

pertaining to severe burns as disabilities 

qualifying for SAH and SHA grant 

eligibility, apply to all applications for 

SAH or SHA grants received by VA on 

or after July 30, 2008. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. This final rule 

would not affect any small entities. 

Only VA beneficiaries could be directly 

affected. Therefore, pursuant to 5 U.S.C. 

605(b), this final rule is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined, and it has been determined 

to be a significant regulatory action 

under the Executive Order because it is 

likely to result in a rule that may raise 

novel legal or policy issues arising out 

of legal mandates, the President’s 

priorities, or the principles set forth in 

the Executive Order. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for the programs affected by this 

document are 64.106, Specially Adapted 

Housing for Disabled Veterans; and 

64.109, Veterans Compensation for 

Service-Connected Disability. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on September 9, 2010, for 

publication. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Dated: September 17, 2010. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of General Counsel, Department of 

Veterans Affairs. 

■ For the reasons set out in the 

preamble, VA amends 38 CFR part 3 as 

follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57861 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. Revise § 3.362(e) to read as follows: 

§ 3.362 Offsets under 38 U.S.C. 1151(b) of 

benefits awarded under 38 U.S.C. 1151(a). 

* * * * * 

(e) Offset of award of benefits under 

38 U.S.C. chapter 21 or 38 U.S.C. 

chapter 39. (1) If a judgment, settlement, 

or compromise covered in paragraphs 

(b) through (d) of this section becomes 

final on or after December 10, 2004, and 

includes an amount that is specifically 

designated for a purpose for which 

benefits are provided under 38 U.S.C. 

chapter 21 (38 CFR 3.809 and 3.809a) or 

38 U.S.C. chapter 39 (38 CFR 3.808), 

and if VA awards 38 U.S.C. chapter 21 

or 38 U.S.C. chapter 39 benefits after the 

date on which the judgment, settlement, 

or compromise becomes final, the 

amount of the award will be reduced by 

the amount received under the 

judgment, settlement, or compromise for 

the same purpose. 

(2) If the amount described in 

paragraph (e)(1) of this section is greater 

than the amount of an award under 38 

U.S.C. chapter 21 or 38 U.S.C. chapter 

39, the excess amount received under 

the judgment, settlement, or 

compromise will be offset against 

benefits otherwise payable under 38 

U.S.C. chapter 11. 

(Authority: 38 U.S.C. 1151) 

■ 3. Revise § 3.800(a)(4) to read as 

follows: 

§ 3.800 Disability or death due to 

hospitalization, etc. 

* * * * * 

(a) * * * 

(4) Offset of award of benefits under 

38 U.S.C. chapter 21 or 38 U.S.C. 

chapter 39. (i) If a judgment, settlement, 

or compromise covered by paragraph 

(a)(2) of this section becomes final on or 

after December 10, 2004, and includes 

an amount that is specifically 

designated for a purpose for which 

benefits are provided under 38 U.S.C. 

chapter 21 (38 CFR 3.809 and 3.809a) or 

38 U.S.C. chapter 39 (38 CFR 3.808), 

and if VA awards 38 U.S.C. chapter 21 

or 38 U.S.C. chapter 39 benefits after the 

date on which the judgment, settlement, 

or compromise becomes final, the 

amount of the award will be reduced by 

the amount received under the 

judgment, settlement, or compromise for 

the same purpose. 

(ii) If the amount described in 

paragraph (a)(4)(i) of this section is 

greater than the amount of an award 

under 38 U.S.C. chapter 21 or 38 U.S.C. 

chapter 39, the excess amount received 

under the judgment, settlement, or 

compromise will be offset against 

benefits otherwise payable under 38 

U.S.C. chapter 11. 

(Authority: 38 U.S.C. 1151(b)(2)) 

* * * * * 

■ 4. Amend § 3.809 by: 

■ a. In the introductory text, removing 

‘‘38 U.S.C. 2101(a)’’ and adding in its 

place ‘‘38 U.S.C. 2101(a) or 2101A(a)’’ 

and by removing ‘‘veteran’’ and adding 

in its place ‘‘veteran or a member of the 

Armed Forces serving on active duty’’; 

■ b. Revising paragraph (a); 

■ c. Revising paragraph (b) introductory 

text; 

■ d. In paragraph (b)(3), removing 

‘‘wheelchair.’’ and adding, in its place, 

‘‘wheelchair, or’’; 

■ e. In paragraph (b)(4), removing ‘‘with 

the loss of loss of use’’ and adding in its 

place ‘‘with the loss or loss of use’’ and 

removing ‘‘wheelchair.’’ and adding, in 

its place, ‘‘wheelchair, or’’; 

■ f. Adding paragraphs (b)(5) and (b)(6); 

■ g. Removing paragraph (c); 

■ h. Redesignating paragraph (d) as new 

paragraph (c); and 

■ i. Revising the authority citation at the 

end of the section. 

The revisions and additions read as 

follows: 

§ 3.809 Specially adapted housing under 

38 U.S.C. 2101(a). 

* * * * * 

(a) Eligibility. A veteran must have 

had active military, naval, or air service 

after April 20, 1898. Benefits are not 

restricted to veterans with wartime 

service. On or after December 16, 2003, 

the benefit under this section is also 

available to a member of the Armed 

Forces serving on active duty. 

(b) Disability. A member of the Armed 

Forces serving on active duty must have 

a disability rated as permanent and total 

that was incurred or aggravated in line 

of duty in active military, naval, or air 

service. A veteran must be entitled to 

compensation under chapter 11 of title 

38, United States Code, for a disability 

rated as permanent and total. In either 

case, the disability must be due to: 

* * * * * 

(5) The loss or loss of use of both 

upper extremities such as to preclude 

use of the arms at or above the elbow, 

or 

(6) Full thickness or subdermal burns 

that have resulted in contractures with 

limitation of motion of two or more 

extremities or of at least one extremity 

and the trunk. 

* * * * * 

(Authority: 38 U.S.C. 1151(c)(1), 2101, 

2101A) 

* * * * * 

■ 5. Amend § 3.809a by: 

■ a. In the introductory text, removing 

‘‘38 U.S.C. 2101(b)’’ and adding in its 

place ‘‘38 U.S.C. 2101(b) or 2101A(a)’’ 

and by removing ‘‘April 20, 1898,’’ and 

adding in its place ‘‘April 20, 1898, or 

to a member of the Armed Forces 

serving on active duty who is eligible 

for the benefit under this section on or 

after December 16, 2003,’’. 

■ b. Removing the authority citation 

after the introductory text. 

■ c. In paragraph (a), removing ‘‘veteran’’ 

each place it appears and adding in each 

place ‘‘member of the Armed Forces 

serving on active duty or veteran’’; and 

by removing the last sentence. 

■ d. Revising paragraph (b). 

■ e. Removing paragraph (c). 

■ f. Revising the authority citation at the 

end of the section. 

■ g. Adding a cross-reference 

immediately after the authority citation 

at the end of the section. 

The revisions and addition read as 

follows: 

§ 3.809a Special home adaptation grants 

under 38 U.S.C. 2101(b). 

* * * * * 

(b) A member of the Armed Forces 

serving on active duty must have a 

disability rated as permanent and total 

that was incurred or aggravated in line 

of duty in active military, naval, or air 

service. A veteran must be entitled to 

compensation under chapter 11 of title 

38, United States Code, for a disability 

rated as permanent and total. In either 

case, the disability must: 

(1) Include the anatomical loss or loss 

of use of both hands, or 

(2) Be due to: 

(i) Blindness in both eyes with 5/200 

visual acuity or less, or 

(ii) Deep partial thickness burns that 

have resulted in contractures with 

limitation of motion of two or more 

extremities or of at least one extremity 

and the trunk, or 

(iii) Full thickness or subdermal burns 

that have resulted in contracture(s) with 

limitation of motion of one or more 

extremities or the trunk, or 

(iv) Residuals of an inhalation injury 

(including, but not limited to, 

pulmonary fibrosis, asthma, and chronic 

obstructive pulmonary disease). 

(Authority: 38 U.S.C. 1151(c)(1), 2101, 

2101A, 2104) 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
57862 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

Cross-Reference: Assistance to certain 

disabled veterans in acquiring specially 

adapted housing. See §§ 36.4400 

through 36.4410 of this chapter. 

[FR Doc. 2010–23629 Filed 9–22–10; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0958; FRL–9204–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on March 26, 2010 and concern 

volatile organic compound (VOC) 

emissions from refinery vacuum 

producing systems and process unit 

turnaround. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on October 25, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0958 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Joanne Wells, EPA Region IX, (415) 

947–4118, wells.joanne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 26, 2010 (75 FR 14545), 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule No. Rule title Amended Submitted 

SJVUAPCD ............................................................. 4453 Refinery Vacuum Producing Devices or Systems 12/17/92 08/24/07 

SJVUAPCD ............................................................. 4454 Refinery Process Unit Turnaround ........................ 12/17/92 08/24/07 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

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); 

• 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 Clean Air Act; 

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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1