

[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Rules and Regulations]               
[Page 46105-46106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au06-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2005-TN-0007-200527(c) FRL-8208-9]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of 
the Montgomery County, Tennessee Portion of the Clarksville-
Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment; Correcting 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects the effective date for the 8-hour ozone 
attainment designation for the Montgomery County, Tennessee portion of 
the Clarksville-Hopkinsville 8-hour ozone nonattainment area. The 
effective date for this attainment designation, which appears in title 
40 Code of Federal Regulation (CFR) 81.343, was erroneously identified 
as October 24, 2005, in the Part 81 chart at the end of EPA's September 
22, 2005, direct final redesignation rulemaking (70 FR 55559). This 
error is being corrected to reflect an effective date of November 21, 
2005, for Montgomery County, Tennessee's 8-hour ozone attainment 
designation.

DATES: Effective Date: This correcting amendment is effective on August 
11, 2006.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, 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) 562-9240. Dr. Louis can also be reached via electronic mail at 
louis.egide@epa.gov.


SUPPLEMENTARY INFORMATION: On September 22, 2005 (70 FR 55559), EPA 
published a direct final rulemaking action approving the redesignation 
of the Montgomery County, Tennessee portion of the Clarksville-
Hopkinsville 8-hour ozone nonattainment area to attainment status. In 
the ``Dates'' section and in section VIII of the September 22, 2005, 
action, EPA stated that the rule would be effective on November 21, 
2005, unless EPA received adverse written comments by October 24, 2005. 
70 FR 55559, 55566. However, in the part 81 chart at the end of the 
rulemaking action, EPA erroneously identified the effective date for 
the attainment designation as October 24, 2005, instead of November 21, 
2005. (70 FR 55568). Today, we are correcting the effective date of the 
Montgomery County, Tennessee 8-hour ozone attainment redesignation that 
appears in 40 CFR 81.343, so that it correctly reflects the effective 
date of the redesignation rulemaking, which is November 21, 2005.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's action to correct the effective date of the 
8-hour ozone attainment redesignation for Montgomery County, Tennessee 
has no substantive impact on EPA's September 22, 2005, redesignation 
approval. That is, the correction of the 8-hour ozone attainment 
redesignation effective date makes no substantive difference to EPA's 
redesignation analysis as set out in our September 22, 2005, rule, and 
merely corrects an error made in that prior rulemaking. In addition, 
EPA can identify no particular reason why the public would be 
interested in being notified of the correction of this error or in 
having the opportunity to comment on the correction prior to this 
action being finalized, since this correction action does not change 
the redesignation approval and merely conforms the effective date of 
the attainment redesignation to coincide with the effective date of the 
redesignation rulemaking. See, 70 FR 55559, 55568.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule merely corrects an inadvertent error by 
conforming the effective date of the 8-hour ozone attainment 
redesignation for Montgomery County, Tennessee to the effective date of 
EPA's rulemaking approving the redesignation. For these reasons, EPA 
finds good cause under APA section 553(d)(3) for this correction to 
become effective on the date of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely corrects an inadvertent error by conforming the effective date 
of the 8-hour ozone attainment redesignation for Montgomery County, 
Tennessee to the effective date of EPA's rulemaking approving the 
redesignation, and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule merely corrects an inadvertent error by 
conforming the effective date of the 8-hour ozone attainment 
redesignation for Montgomery County, Tennessee to the effective date of 
EPA's rulemaking approving the redesignation, and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded

[[Page 46106]]

mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
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). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely corrects an inadvertent 
error by conforming the effective date of the 8-hour ozone attainment 
redesignation for Montgomery County, Tennessee to the effective date of 
EPA's rulemaking approving the redesignation, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant. In addition, this rule 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. This rule also does not impose an information 
collection burden under the provisions of 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. 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. 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 Clean Air Act (CAA), petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 10, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 20, 2006.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.

0
40 CFR part 81 is amended as follows:

PART 81--[CORRECTED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.343, the table entitled ``Tennessee--Ozone (8-Hour 
Standard)'' is amended by revising the entry for ``Clarksville-
Hopkinsville, TN-KY: Montgomery County'' to read as follows:


Sec.  81.343  Tennessee.

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                                       Tennessee--Ozone (8-Hour Standard)
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                                             Designation\a\                      Category/classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\             Type                Date \1\               Type
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Clarksville-Hopkinsville, TN-KY
 Area:
    Montgomery County...........       11/ 21/05  Attainment

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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

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[FR Doc. E6-13161 Filed 8-10-06; 8:45 am]

BILLING CODE 6560-50-P
