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



[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
(59 FR 22951, 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.

• 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart L--Georgia

• 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

 
 

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