

[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Rules and Regulations]               
[Page 28866-28868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0577-200624(c); FRL-8317-3]

 
Approval and Promulgation of Implementation Plans; Georgia: 
Removal of Douglas County Transportation Control Measure; Correcting 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects an inadvertent omission of the entry 
number for the Alternative Fuel Refueling Station/Park and Ride 
Transportation Center, Project DO-AR-211 in EPA's direct final 
rulemaking action, published in the Federal Register on November 28, 
2006, for the Georgia State Implementation Plan.

DATES: This action is effective May 23, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2006-0577. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 

in the index, some information is not publicly available, i.e., 
Confidential Business Information 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 through 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

[[Page 28867]]

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: Lynorae Benjamin, Air Quality Modeling 
and Transportation 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) 562-9040. Ms. Benjamin can also be reached 
via electronic mail at Benjamin.Lynorae@epa.gov.

SUPPLEMENTARY INFORMATION: This action corrects an inadvertent omission 
of the entry number for the Alternative Fuel Refueling Station/Park and 
Ride Transportation Center, Project DO-AR-211, in EPA's direct final 
rulemaking action, published in the Federal Register on November 28, 
2006 (71 FR 68740), for the Georgia State Implementation Plan. Through 
that November 28 action, we included an entry for the table in Sec.  
52.570(e), entitled ``EPA Approved Georgia Nonregulatory Provisions,'' 
as ``Alternative Fuel Refueling Station/Park and Ride Transportation 
Center, Project DO-AR-211 is removed.'' However, we did not include an 
entry number. All previous entries for the table in Sec.  52.570(e) 
included entry numbers. Today, EPA is correcting this inadvertent error 
by inserting the entry number ``24'' for the Alternative Fuel Refueling 
Station/Park and Ride Transportation Center, Project DO-AR-211.
    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 identify, in the Code of Federal 
Regulations, the entry number for the Alternative Fuel Refueling 
Station/Park and Ride Transportation Center, Project DO-AR-211, has no 
substantive impact on EPA's November 28, 2006, approval. The omission 
of entry number for the Alternative Fuel Refueling Station/Park and 
Ride Transportation Center, Project DO-AR-211, in EPA's direct final 
rule published on November 28, 2006, makes no substantive difference to 
EPA's analysis as set out in that rule. In addition, EPA can identify 
no particular reason why the public would be interested in being 
notified of the correction of this omission, or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since this correction action does not change EPA's analysis 
for the removal of the Alternative Fuel Refueling Station/Park and Ride 
Transportation Center, Project DO-AR-211, from the Georgia State 
Implementation Plan. See, 71 FR 68740.
    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 of 
omission for the entry number related to the Alternative Fuel Refueling 
Station/Park and Ride Transportation Center, Project DO-AR-211, for the 
table in Sec.  52.570(e), entitled ``EPA Approved Georgia Nonregulatory 
Provisions.'' 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 of omission for the entry number 
related to the Alternative Fuel Refueling Station/Park and Ride 
Transportation Center, Project DO-AR-211, for the table in Sec.  
52.570(e), entitled ``EPA Approved Georgia Nonregulatory Provisions,'' 
and it 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 of omission for 
the entry number related to the Alternative Fuel Refueling Station/Park 
and Ride Transportation Center, Project DO-AR-211, for the table in 
Sec.  52.570(e), entitled ``EPA Approved Georgia Nonregulatory 
Provisions,'' and does not impose any additional enforceable duty 
beyond that required by state law, it 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).
    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 of omission for the entry number related to the Alternative Fuel 
Refueling Station/Park and Ride Transportation Center, Project DO-AR-
211, for the table in Sec.  52.570(e), entitled ``EPA Approved Georgia 
Nonregulatory Provisions,'' and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). 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

[[Page 28868]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 23, 2007. 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 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: May 14, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section 52.570(e) is amended by revising an entry at the end of the 
table for ``Douglas County, GA'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                  EPA Approved Georgia Nonregulatory Provisions
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                                                                    State
 Name of nonregulatory SIP provision   Applicable geographic   submittal date/         EPA approval date
                                       or  nonattainment area  effective date
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24. Alternative Fuel Refueling        Douglas County, GA.....        09/19/06  5/23/07, [Insert citation of
 Station/Park and Ride                                                          publication].
 Transportation Center, Project DO-
 AR-211 is removed.
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[FR Doc. E7-9909 Filed 5-22-07; 8:45 am]

BILLING CODE 6560-50-P
