[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Rules and Regulations]
[Pages 9769-9770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC-2025, MD-3064, VA-5052; 
FRL-6943-9]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, Virginia; Post 1996 Rate-of-Progress 
Plans, One-Hour Ozone Attainment Demonstrations and Attainment Date 
Extension for the Metropolitan Washington D.C. Ozone Nonattainment 
Area; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the amendatory instruction 
in a final rule pertaining to EPA's approval of the Maryland portion of 
the post 1996 rate-of-progress plans, one-hour ozone attainment 
demonstrations and attainment date extension for the Metropolitan 
Washington D.C. Ozone Nonattainment Area.

EFFECTIVE DATE: February 12, 2001.

SUPPLEMENTARY INFORMATION: EPA published a document on January 3, 2001 
(66 FR 586) inadvertently adding paragraph (d) to Sec. 52.1076 when 
that paragraph already existed. The intent of that rule was to amend 
that section by adding a paragraph (e). This document corrects the 
erroneous amendatory language.

Correction

    In the final rule (FR Docket 01-61) published in the Federal 
Register on January 3, 2001 (66 FR 586), on page 632 in the first 
column, the fifth amendatory instruction is revised to read--``5. 
Section 52.1076 is amended by adding paragraphs (e) and (g) to read as 
follows:'' and the added paragraph text originally designated as (d) is 
now correctly designated as paragraph (e).
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 
et seq), or to sections 202 and 205 of the Unfunded Mandates Reform Act 
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also 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, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it have substantial direct effects on the States, on the 
relationship between the national government and the States,

[[Page 9770]]

or on the distribution of power and responsibilities among the various 
levels of governments, as specified by Executive Order 13132 (64 FR 
43255, August 10, 1999). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of February 2, 
2001. EPA will submit a report containing this rule 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. This correction to 40 CFR 52.1076(e) 
for Maryland is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: February 5, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, EPA Region III.
[FR Doc. 01-3504 Filed 2-9-01; 8:45 am]
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