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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12275
shape headings. This document amends SUPPLEMENTARY INFORMATION: In Federal change the second from right column
those headings.
Register of February 20, 2008, Vol. 73, heading to read: FCMI, Lg. Env., (Flats),
DATES: Effective Date: 12:01 a.m. on May
No. 34, 9191–9197 [E8–2920], make the Max., Wt., lbs. Change the right-most
12, 2008.
following correction: column heading to read: FCMI, Pkgs.,
FOR FURTHER INFORMATION CONTACT: On page 9194, in the table titled (Sm. Packets), Max., Wt., lbs. Revised
Christy Bonning, 202–268–2108. Country Rate Groups and Weight Limits, headings to appear as follows:
4 FCMI
4 FCMI
2 PMI 4 FCMI pkgs.
1 GXG 1 GXG 2 PMI 2 PMI 3 EMI 3 EMI 4 FCMI lg. env.
flat-rate letters (small
Country rate max wt. rate max wt. box max
rate max wt. rate max wt.
(flats) packets)
group5 lbs. group5 lbs. wt. lbs.
group5 lbs. group5 oz.
max wt. max wt.
lbs. lbs.
Dated: February 22, 2008. standards for hazardous air pollutants § 63.14(b)(65) and the three test methods
Neva R. Watson, for gasoline distribution bulk terminals, added as § 63.14(l)(1), (2), and (3)
Attorney, Legislative. bulk plants, and pipeline facilities and should have been added as
[FR Doc. E8–4454 Filed 3–6–08; 8:45 am] for gasoline dispensing facilities. EPA § 63.14(m)(1), (2), and (3).
BILLING CODE 7710–12–P
subsequently determined that certain EPA has also determined that the text
sections of the final rules contained of 40 CFR 63.11092 and 40 CFR
incorrect references to paragraphs 63.11095 of subpart BBBBBB and 40
within those and other sections. This CFR 63.11117 of subpart CCCCCC
ENVIRONMENTAL PROTECTION
action corrects those technical errors. contains incorrect references. In 40 CFR
AGENCY 63.11092 of subpart BBBBBB, paragraph
These corrections do not affect the
40 CFR Part 63 substance of the final rules, nor do they (a)(3) included a reference to conduct an
change the rights or obligations of any initial performance test within 180 days
[EPA–HQ–OAR–2006–0406, FRL–8540–2] party. Rather, this action merely corrects of the ‘‘rule promulgation’’ date. The
RIN 2060–AM74 certain technical errors in the references rule mistakenly referred to the
in the final rules. Thus, it is proper to ‘‘promulgation’’ date instead of the
National Emission Standards for issue these corrections to the final rules ‘‘compliance’’ date. Thus, the text ‘‘rule
Hazardous Air Pollutants for Source without notice and comment. Section promulgation’’ will be replaced with the
Categories: Gasoline Distribution Bulk 553 of the Administrative Procedure Act text ‘‘compliance date specified in
Terminals, Bulk Plants, and Pipeline (APA), 5 U.S.C. 553(b)(B), provides that, § 63.11083’’. Also, in 40 CFR 63.11092
Facilities; and Gasoline Dispensing when an agency for good cause finds of subpart BBBBBB, paragraph
Facilities; Correction that notice and public procedure are (b)(1)(i)(B)(1) included a reference to
impracticable, unnecessary, or contrary ‘‘(b)(1)(i)(B)(1)(i), (ii), and (iii) of this
AGENCY: Environmental Protection
section’’ when the reference should be
to the public interest, the agency may
Agency (EPA).
to ‘‘(b)(1)(i)(B)(1)(i), (ii), and (iii) of this
issue a rule without providing notice
ACTION: Final rule; correction.
and an opportunity for public comment. section’’. In 40 CFR 63.11095 of subpart
We have determined that there is good BBBBBB, paragraph (c) included a
SUMMARY: This action corrects certain
cause for making this action final reference to ‘‘(a)(3) and (b)(4) of this
text of the final rules entitled ‘‘National section’’ when the reference should be
Emission Standards for Hazardous Air without prior proposal and opportunity
for comment because the changes to the to ‘‘(a)(3) and (b)(5) of this section’’. In
Pollutants for Source Categories: subpart CCCCCC, 40 CFR 63.11117,
Gasoline Distribution Bulk Terminals, final rules are minor technical
corrections, are noncontroversial, and paragraph (e) included a reference to
Bulk Plants, and Pipeline Facilities; and ‘‘§ 63.11124(b)’’ when the reference
Gasoline Dispensing Facilities.’’ The do not substantively change the agency
actions taken in the final rules. Thus, should be to ‘‘§ 63.11124(a)’’. In 40 CFR
final rules were published in the 63.11118, paragraph (c) included two
Federal Register on January 10, 2008. notice and public procedure are
unnecessary. We find that this improper references to ‘‘paragraphs (a)
DATES: Effective Date: March 7, 2008. and (b)’’ and ‘‘§ 63.11116’’ when the
constitutes good cause under 5 U.S.C.
FOR FURTHER INFORMATION CONTACT: Mr. 553(b)(B). references should be to ‘‘paragraph (b)’’
Stephen Shedd, Office of Air Quality and ‘‘§ 63.11117’’, respectively. Also, in
Planning and Standards, Sector Policies II. What Are the Corrections to the 40 CFR 63.11124, paragraph (a) refers to
and Programs Division, Coatings and Final Rules (73 FR 1916)? ‘‘(a)(1) through (4) of this section’’ but
Chemicals Group (E143–01), EPA, This notice corrects the following section (a)(4) does not exist, so the text
Research Triangle Park, NC 27711, errors. In adding four test methods to 40 will be corrected to refer to ‘‘(a)(1)
telephone: (919) 541–5397, facsimile CFR 63.14 through Incorporation by through (3) of this section’’.
number: (919) 685–3195, e-mail address: Reference, we incorrectly assigned new Additionally, in 40 CFR 63.11124,
shedd.steve@epa.gov. paragraph numbers to be added to 40 paragraph (a)(1)(iii) refers to ‘‘(a), (b)
SUPPLEMENTARY INFORMATION: CFR 63.14 that were already in use. To and (c)(1) or paragraph (c)(2) of
correct this error, it is necessary to § 63.11117’’ but, while paragraph (c)
I. What Is the Background for the change the paragraph numbers that we exists, paragraphs (c)(1) and (c)(2) do
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Corrections? are assigning to the four test methods not exist, so the text will be corrected
On January 10, 2008 (73 FR 1916), being incorporated by reference. The to refer to ‘‘(a) through (c) of
EPA issued final rules in which EPA test method added as § 63.14(b)(63) § 63.11117’’. In 40 CFR 63.11124,
promulgated national emission should have been added as paragraph (b)(1)(iii) refers to ‘‘(a)
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12276 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations
through (d) of § 63.11118’’ but Advancement Act of 1995 (15 U.S.C. Authority: 42 U.S.C. 7401, et seq.
paragraph (d) does not have options for 272) do not apply. The corrections also
the owner or operator to choose from do not involve special consideration of Subpart A—[Amended]
and therefore notification information is environmental justice-related issues as § 63.14 [Amended]
not needed, so the text will be corrected required by Executive Order 12898,
to refer to ‘‘(a) through (c) of Federal Actions to Address ■ 2. Section 63.14 is amended as
§ 63.11118’’. Environmental Justice in Minority follows:
■ a. By redesignating paragraph (b)(63)
III. Statutory and Executive Order Populations and Low-Income
Populations (59 FR 7629, February 16, as paragraph (b)(65).
Reviews ■ b. By redesignating paragraph (l) as
1994).
Under Executive Order 12866, paragraph (m).
The corrections are not subject to
Regulatory Planning and Review (58 FR Executive Order 13211, Actions
51735, October 4, 1993), this action is Subpart BBBBBB—[Amended]
Concerning Regulations That
not a ‘‘significant regulatory action’’ and Significantly Affect Energy Supply, § 63.11092 [Amended]
is, therefore, not subject to review by the Distribution, or Use (66 FR 28355, May ■ 3. Section 63.11092 is amended as
Office of Management and Budget 22, 2001) because this action is not a follows:
(OMB). This action is a correction to significant regulatory action under ■ a. In paragraph (a)(3) by removing the
certain text in the final rules and is not Executive Order 12866. words ‘‘rule promulgation’’ and adding
a ‘‘major rule’’ as defined by 5 U.S.C. The Congressional Review Act, 5 in their place the words ‘‘compliance
804(2). The final rules themselves, U.S.C. 801, et seq., as added by the date specified in § 63.11083’’.
however, were reviewed by OMB. The Small Business Regulatory Enforcement ■ b. In paragraph (b)(1)(i)(B)(1) by
corrections do not impose an Fairness Act of 1996, generally provides removing the words ‘‘(b)(1)(i)(B)(1)(i),
information collection burden under the that before a rule may take effect, the (ii), and (iii) of this section.’’ and adding
provisions of the Paperwork Reduction agency promulgating the rule must in their place the words
Act of 1995 (44 U.S.C. 3501, et seq.). submit a rule report, which includes a ‘‘(b)(1)(i)(B)(1)(i), (ii), and (iii) of this
Because EPA has made a ‘‘good cause’’ section.’’
copy of the rule, to each House of the
finding that this action is not subject to
Congress and to the Comptroller General
notice-and-comment requirements § 63.11095 [Amended]
of the United States. EPA will submit a
under the APA or any other statute, it ■ 4. Section 63.11095 is amended in
report containing this final action and
is not subject to the regulatory flexibility paragraph (c) by removing the citation
other required information to the United
provisions of the Regulatory Flexibility ‘‘(b)(4)’’ and adding in its place ‘‘(b)(5)’’.
States Senate, the United States House
Act (5 U.S.C. 601, et seq.), or to sections
of Representatives, and the Comptroller
202 and 205 of the Unfunded Mandates Subpart CCCCCC—[Amended]
General of the United States prior to
Reform Act of 1995 (UMRA) (Public
publication of this action in the Federal § 63.11117 [Amended]
Law 104–4). In addition, this action
does not significantly or uniquely affect Register. This action is not a ‘‘major ■ 5. In § 63.11117, paragraph (e) is
small governments or impose a rule’’ as defined by 5 U.S.C. 804(2). This amended by removing the citation
significant intergovernmental mandate, correction is effective March 7, 2008. ‘‘§ 63.11124(b)’’ and adding in its place
as described in sections 203 and 204 of EPA’s compliance with the above the citation ‘‘§ 63.11124(a)’’.
the UMRA. This technical correction statutes and Executive Orders for the
underlying rule is discussed in the § 63.11118 [Amended]
action also does not significantly or
uniquely affect the communities of January 10, 2008 Federal Register notice ■ 6. In § 63.11118, paragraph (c)
tribal governments, as specified in containing ‘‘National Emission introductory text is amended by
Executive Order 13175, Consultation Standards for Hazardous Air Pollutants removing the words ‘‘paragraphs (a) and
and Coordination with Indian Tribal for Source Categories: Gasoline (b) of this section, but must comply with
Governments (65 FR 67249, November Distribution Bulk Terminals, Bulk the requirements in § 63.11116.’’ and
9, 2000). The corrections do not have Plants, and Pipeline Facilities; and adding in their place the words
substantial direct effects on the States, Gasoline Dispensing Facilities’’ (73 FR ‘‘paragraph (b) of this section, but must
on the relationship between the national 1916). comply with the requirements in
government and the States, or on the § 63.11117.’’
List of Subjects for 40 CFR Part 63
distribution of power and § 63.11124 [Amended]
responsibilities among the various Environmental protection,
Administrative practice and procedures, ■ 7. Section 63.11124 is amended as
levels of government, as specified in
Air pollution control, Incorporations by follows:
Executive Order 13132, Federalism (64
reference, Intergovernmental relations, ■ a. In paragraph (a) introductory text is
FR 43255, August 10, 1999). The
Reporting and recordkeeping amended by removing the citation ‘‘(4)’’
corrections also are not subject to
requirements. and adding in its place the citation
Executive Order 13045, Protection of
‘‘(3)’’.
Children from Environmental Health Dated: February 29, 2008.
■ b. In paragraph (a)(1)(iii) introductory
Risks and Safety Risks (62 FR 19885, Robert J. Meyers, text is amended by removing the
April 23, 1997) because the final rules Principal Deputy Assistant Administrator. citation ‘‘(a), (b) and (c)(1) or paragraph
were determined not to be subject to
■ For the reasons set out in the (c)(2)’’ and adding in its place the
this order and this action does not
preamble, title 40, chapter I, part 63 of citation ‘‘(a) through (c)’’.
significantly change the final rules. ■ c. In paragraph (b)(1)(iii) introductory
This technical correction action does the Code of Federal Regulations is
amended as follows: text is amended by removing the
not involve changes to the technical
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citation ‘‘(a) through (d)’’ and adding in
standards related to test methods or PART 63—[AMENDED] its place the citation ‘‘(a) through (c)’’.
monitoring methods; thus, the
requirements of section 12(d) of the ■ 1. The authority citation for part 63 [FR Doc. E8–4554 Filed 3–6–08; 8:45 am]
National Technology Transfer and continues to read as follows: BILLING CODE 6560–50–P
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