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Federal Register / Vol. 72, No.

152 / Wednesday, August 8, 2007 / Rules and Regulations 44383

exemption is being claimed for Dated: July 27, 2007. final rule. EPA intended to make the
subsection (d). Lee J. Lofthus, redesignation of this area effective upon
(3) Subsection (d)(1). Disclosure of Assistant Attorney General for the date of the publication of the final
foreign intelligence and Administration. rule.
counterintelligence information would [FR Doc. E7–15455 Filed 8–7–07; 8:45 am] Correction
interfere with collection activities, BILLING CODE 4410–AW–P
reveal the identity of confidential For LaPorte County in the final rule
sources, and cause damage to the published in the Federal Register on
national security of the United States. July 19, 2007 (72 FR 39574), on page
ENVIRONMENTAL PROTECTION
To ensure unhampered and effective 39576 in the codification table, the table
AGENCY title: ‘‘OHIO OZONE’’ is corrected to
collection and analysis of foreign
intelligence and counterintelligence 40 CFR Part 81 read ‘‘Indiana-Ozone’’. In the second
information, disclosure must be column of the same codification table,
precluded. [EPA–R05–OAR–2006–0459; FRL–8450–3] the Date: ‘‘8/20/07’’ is corrected to read
(4) Subsection (d)(2). Amendment of ‘‘7/19/07’’. EPA is making changes in 40
Determination of Attainment, Approval CFR 81.315 in order to correct the
the records would interfere with
of Designation of Areas for Air Quality codification of the 8-hour ozone
ongoing intelligence activities thereby
Planning Purposes; Indiana; designation for LaPorte County, Indiana.
causing damage to the national security.
(5) Subsections (d)(3) and (4). These Correction Section 553 of the Administrative
subsections are inapplicable to the AGENCY: Environmental Protection Procedure Act, 5 U.S.C. 553(b)(B),
extent exemption is claimed from (d)(1) Agency (EPA). provides that, when an agency for good
and (2). cause finds that notice and public
ACTION: Final rule; correcting
(6) Subsection (e)(1). It is often procedure are impracticable,
amendment.
impossible to determine in advance if unnecessary or contrary to the public
intelligence records contained in this SUMMARY: This document corrects errors interest, the agency may issue a rule
system are relevant and necessary, but, in the final rule redesignating LaPorte without providing notice and an
in the interests of national security, it is County, Indiana (LaPorte CO., IN) to opportunity for public comment. We
necessary to retain this information to attainment for the 8-hour ozone have determined that there is good
aid in establishing patterns of activity National Ambient Air Quality Standard cause for making today’s rule final
and provide intelligence leads. (NAAQS). In the final approval for the without prior proposal and opportunity
(7) Subsection (e)(2). Although this redesignation of this area, EPA for comment because we are merely
office does not conduct investigations, inadvertently titled the designation correcting errors in a previous action.
the collection efforts of agencies that codification table as ‘‘OHIO OZONE’’ Thus, notice and public procedure are
supply information to this office would instead of ‘‘Indiana-Ozone’’, and unnecessary. We find that this
be thwarted if the agencies were inadvertently specified the effective constitutes good cause under 5 U.S.C.
required to collect information with the date of this action in the designation 553(b)(B).
subject’s knowledge. table as August 20, 2007, even though Statutory and Executive Order Reviews
(8) Subsection (e)(3). To inform the effective date of the final rule was
individuals as required by this Under Executive Order 12866 (58 FR
July 19, 2007, as specified in the DATES
subsection could reveal the existence of 51735, October 4, 1993), this action is
portion of the final rule. This technical
collection activity and compromise not a ‘‘significant regulatory action’’ and
correction to the final rule corrects these
national security. For example, a target is, therefore, not subject to review by the
errors.
could, once made aware that collection Office of Management and Budget. For
DATES: Effective Date: This final rule is this reason, this action is also not
activity exists, alter his or her manner effective on August 8, 2007.
of engaging in intelligence or terrorist subject to Executive Order 13211,
FOR FURTHER INFORMATION CONTACT: ‘‘Actions Concerning Regulations That
activities in order to avoid detection.
(9) Subsections (e)(4)(G), (H) and (I), Edward Doty, Environmental Scientist, Significantly Affect Energy Supply,
and (f). These subsections are Criteria Pollutant Section, Air Programs Distribution, or Use’’ (66 FR 28355 (May
inapplicable to the extent that this Branch (AR–18J), Environmental 22, 2001)). Because the agency has made
system is exempt from the access Protection Agency, 77 West Jackson a ‘‘good cause’’ finding that this action
provisions of subsection (d). Boulevard, Chicago, Illinois 60604, is not subject to notice-and-comment
(10) Subsection (e)(5). It is often (312) 886–6057, doty.edward@epa.gov. requirements under the Administrative
impossible to determine in advance if SUPPLEMENTARY INFORMATION: EPA Procedures Act or any other statute as
intelligence records contained in this published a notice of final rulemaking indicated in the SUPPLEMENTARY
system are accurate, relevant, timely to redesignate LaPorte County, Indiana INFORMATION section above, it is not
and complete, but, in the interests of (LaPorte CO., IN) to attainment of the 8- subject to the regulatory flexibility
national security, it is necessary to hour ozone standard on July 19, 2007 provisions of the Regulatory Flexibility
retain this information to aid in (72 FR 39574). In the designation Act (5 U.S.C 601 et seq.), or to sections
establishing patterns of activity and codification table used to revise the 8- 202 and 205 of the Unfunded Mandates
providing intelligence leads. hour ozone designation of this area, EPA Reform Act of 1995 (UMRA) (Pub. L.
(11) Subsection (e)(8). Serving notice incorrectly titled the table as ‘‘OHIO 104–4). In addition, this action does not
could give persons sufficient warning to OZONE.’’ This should have read as significantly or uniquely affect small
evade intelligence collection and anti- ‘‘Indiana-Ozone.’’ In the same governments or impose a significant
terrorism efforts. designation codification table, EPA intergovernmental mandate, as
ebenthall on PRODPC61 with RULES

(12) Subsections (g) and (h). These incorrectly specified the effective date described in sections 203 and 204 of
subsections are inapplicable to the of the redesignation as August 20, 2007. UMRA. This rule also does not have a
extent that this system is exempt from This differed from the actual effective substantial direct effect on one or more
other specific subsections of the Privacy date of the final rule, July 19, 2007, as Indian tribes, on the relationship
Act. specified in the DATES section of the between the Federal Government and

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44384 Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Rules and Regulations

Indian tribes, or on the distribution of EPA has complied with Executive Order established an effective date of August
power and responsibilities between the 12630 (53 FR 8859, March 15, 1998) by 8, 2007. EPA will submit a report
Federal Government and Indian tribes, examining the takings implications of containing this rule and other required
as specified by Executive Order 13175 the rule in accordance with the information to the U.S. Senate, the U.S.
(65 FR 67249, November 9, 2000), nor ‘‘Attorney General’s Supplemental House of Representatives, and the
will it have substantial direct effects on Guidelines for the Evaluation of Risk Comptroller General of the United
the States, on the relationship between and Avoidance of Unanticipated States prior to publication of the rule in
the National Government and the States, Takings’’ issued under the executive the Federal Register. This correction to
or on the distribution of power and order. This rule does not impose an 40 CFR part 81 for Indiana is not a
responsibilities among the various information collection burden under the ‘‘major rule’’ as defined by 5 U.S.C.
levels of governments, as specified by Paperwork Reduction Act of 1995 (44 804(2).
Executive Order 13132 (64 FR 43255, U.S.C. 3501 et seq.). Dated: July 26, 2007.
August 10, 1999). This rule also is not The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the Walter W. Kovalick Jr.,
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not Small Business Regulatory Enforcement Acting Regional Administrator, Region 5.
economically significant. Fairness Act of 1996, generally provides ■ Part 81, chapter I, title 40 of the Code
This technical correction action does that before a rule may take effect, the of Federal Regulations is amended as
not involve technical standards; thus agency promulgating the rule must follows:
the requirements of section 12(d) of the submit a rule report, which includes a
National Technology Transfer and copy of the rule, to each House of the PART 81—[AMENDED]
Advancement Act of 1995 (15 U.S.C. Congress and to the Comptroller General
272 note) do not apply. The rule also of the United States. Section 808 allows ■ 1. The authority citation for part 81
does not involve special consideration the issuing agency to make a rule continues to read as follows:
of environmental justice related issues effective sooner than otherwise Authority: 42 U.S.C. 7401 et seq.
as required by Executive Order 12898 provided by the CRA if the agency
(59 FR 7629, February 16, 1994). In makes a good cause finding that notice ■ 2. Section 81.315 is amended by
issuing this rule, EPA has taken the and public procedure is impracticable, revising the entries for LaPorte County,
necessary steps to eliminate drafting unnecessary or contrary to the public Indiana: LaPorte County in the table
errors and ambiguity, minimize interest. This determination must be entitled ‘‘Indiana-Ozone (8–Hour
potential litigation, and provide a clear supported by a brief statement. 5 U.S.C. Standard)’’ to read as follows:
legal standard for affected conduct, as 808(2). As stated previously, EPA had
required by section 3 of Executive Order made such a good cause finding, § 81.315 Indiana.
12988 (61 FR 4729, February 7, 1996). including the reasons therefore, and * * * * *

INDIANA—OZONE (8-HOUR STANDARD)


Designation a Classification
Designated area
Date 1 Type Date 1 Type

* * * * * * *
LaPorte CO., IN:
LaPorte County .......................................... 7/19/07 Attainment.

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

[FR Doc. E7–15246 Filed 8–7–07; 8:45 am] 4) requested this tolerance under the and select the ‘‘Submit’’ button. Follow
BILLING CODE 6560–50–P Federal Food, Drug, and Cosmetic Act the instructions on the regulations.gov
(FFDCA). web site to view the docket index or
access available documents. All
ENVIRONMENTAL PROTECTION DATES: This regulation is effective
documents in the docket are listed in
AGENCY August 8, 2007. Objections and requests
the docket index available in
for hearings must be received on or
regulations.gov. Although listed in the
40 CFR Part 180 before October 9, 2007, and must be
index, some information is not publicly
filed in accordance with the instructions
available, e.g., Confidential Business
[EPA–HQ–OPP–2006–0165; FRL–8138–2] provided in 40 CFR part 178 (see also
Information (CBI) or other information
Unit I.C. of the SUPPLEMENTARY
whose disclosure is restricted by statute.
Dimethenamid; Pesticide Tolerance INFORMATION).
Certain other material, such as
AGENCY: Environmental Protection ADDRESSES: EPA has established a copyrighted material, is not placed on
Agency (EPA). docket for this action under docket the Internet and will be publicly
ACTION: Final rule. identification (ID) number EPA–HQ– available only in hard copy form.
ebenthall on PRODPC61 with RULES

OPP–2006–0165. To access the Publicly available docket materials are


SUMMARY: This regulation establishes a electronic docket, go to http:// available in the electronic docket at
tolerance for residues of dimethenamid www.regulations.gov, select ‘‘Advanced http://www.regulations.gov,or, if only
in or on grasses grown for seed. Search,’’ then ‘‘Docket Search.’’ Insert available in hard copy, at the OPP
Interregional Research Project No. 4 (IR- the docket ID number where indicated Regulatory Public Docket in Rm. S–

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