23814 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

Rule 391–3–1–.03(6)(b)11, ‘‘Stationary 

Engines’’ 

The revision corrects an inadvertent 

error in subparagraphs (iii) and (iv) to 

read ‘‘hours-per-year,’’ rather than 

‘‘hours-per-hour.’’ 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned revisions, specifically, 

Chapters 391–3–1–.03(6)(b), 391–3–1– 

.02(2)(jjj), 391–3–1–.02(6)(a)4, 391–3–1– 

.01(llll), 391–3–1–.02, and 391–3–1– 

.03(6)(b)11, into the Georgia SIP. These 

revisions were submitted by GA EPD on 

October 31, 2006, March 5, 2007, and 

August 22, 2007. 

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 proposed 

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 proposed 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 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporated by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: May 11, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–11909 Filed 5–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number NIOSH–005] 

RIN 0920–AA10 

Approval Tests and Standards for 

Closed-Circuit Escape Respirators 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Department of Health and 

Human Services (DHHS) is reopening 

the comment period until June 19, 2009 

concerning the proposed rule for 

Approval Tests and Standards for 

Closed-Circuit Escape Respirators that 

was published in the Federal Register 

on Wednesday, December 10, 2008 (73 

FR 75027). The previous comment 

period closed on April 10, 2009. 

DATES: All written comments on the 

proposed rule must be received on or 

before June 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN: 0920–AA10, by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: niocindocket@cdc.gov. 

Include ‘‘RIN: 0920–AA10’’ and ‘‘42 

CFR pt. 84’’ in the subject line of the 

message. 

• Mail: NIOSH Docket Office, Docket 

#005, Robert A. Taft Laboratories, MS– 

C34, 4676 Columbia Parkway, 

Cincinnati, OH 45226. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking, RIN: 0920–AA10. All 

comments received will be posted 

without change to http://www.cdc.gov/ 

niosh/docket, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.cdc.gov/niosh/docket. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan V. Szalajda, NIOSH, National 

Personal Protective Technology 

Laboratory (NPPTL), Post Office Box 

18070, 626 Cochrans Mill Road, 

Pittsburgh, Pennsylvania 15236, 

telephone (412) 386–5200, facsimile 

(412) 386–4089, e-mail zfx1@cdc.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services published a proposed rule on 

the Approval Tests and Standards for 

Closed-Circuit Escape Respirators on 

December 10, 2008 and asked for 

comments on or before February 9, 2009 

(73 FR 75027). On March 4, 2009 the 

Department published a document 

announcing two public meetings and 

reopening the comment period for this 

proposed rule until April 10, 2009 (74 

FR 9380). The Department held the two 

public meetings on March 16, 2009 and 

March 23, 2009. Commenters at the 

meeting requested additional time to 

review data and provide additional 

comment regarding the proposal. After 

reviewing the record, the Department 

has concluded that reopening the 

comment period until June 12, 2009 is 

reasonable. 

Dated: May 15, 2009. 

Ashley Files Flory, 

Acting Executive Secretary to the Department. 

[FR Doc. E9–11938 Filed 5–20–09; 8:45 am] 

BILLING CODE 4163–18–P 


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