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Rules and Regulations Federal Register


Vol. 72, No. 102

Tuesday, May 29, 2007

This section of the FEDERAL REGISTER set fees for copies of agency records to include updates to its Prevention of
contains regulatory documents having general from the NARA fee schedule. The Significant Deterioration (PSD) of Air
applicability and legal effect, most of which commenter asked who would determine Quality rule, which incorporate portions
are keyed to and codified in the Code of the reproduction fees and how would of the New Source Review (NSR)
Federal Regulations, which is published under the fees be set. We did not adopt this program promulgated by the
50 titles pursuant to 44 U.S.C. 1510.
comment because records stored in Environmental Protection Agency in
The Code of Federal Regulations is sold by NARA’s records centers still belong to December 2002. Specifically, these
the Superintendent of Documents. Prices of the agencies that created them. As revisions adopt by reference provisions
new books are listed in the first FEDERAL explained in the interim final rule, of 40 CFR 52.21 as in effect July 1, 2004,
REGISTER issue of each week. NARA provides copies according to the except for subsections with references to
owning agency’s instructions; the the clean unit exemptions, pollution
agency, not NARA, must determine the control projects, and the record keeping
NATIONAL ARCHIVES AND RECORDS extent to which reproduction costs will provisions for the actual-to-projected-
ADMINISTRATION be borne by the agency or the agency’s actual emissions applicability test.
customer. Kansas did not adopt the latter
36 CFR Part 1258 This final rule is not a significant provisions because of the June 2005
[FDMS Docket NARA–07–0002] regulatory action for the purposes of decision by the United States Court of
Executive Order 12866 and has not been Appeals for the District of Columbia
RIN 3095–AB49 Circuit, which vacated the clean unit
reviewed by the Office of Management
and Budget. As required by the exemption and pollution control project
NARA Reproduction Fees
Regulatory Flexibility Act, I certify that provisions and remanded back to EPA
AGENCY: National Archives and Records this rule will not have a significant the record keeping provisions for the
Administration (NARA). impact on a substantial number of small actual-to-projected-actual emissions
ACTION: Final rule. entities because it affects individual applicability test. We proposed to
researchers. This regulation does not approve the revisions on January 31,
SUMMARY: NARA is revising its 2007, and received no comments on the
have any federalism implications. This
regulations relating to reproduction of rule is not a major rule as defined in 5 proposal.
records and other materials in the U.S.C. Chapter 8, Congressional Review DATES: This rule is effective on June 28,
custody of the Archivist of the United of Agency Rulemaking. 2007.
States. We have determined that it is not ADDRESSES: EPA has established a
appropriate to include in those List of Subjects in 36 CFR Part 1258
docket for this action under Docket ID
regulations the reproduction of records Archives and records. No. EPA–R07–OAR–2006–0973. All
of other Federal agencies stored in documents in the docket are listed on
NARA Federal records centers that are PART 1258—FEES the http://www.regulations.gov Web
not in our legal custody. This final rule site. Although listed in the index, some
will affect individuals and Federal ■ Accordingly, the interim final rule information is not publicly available,
agencies who request copies of Federal amending 36 CFR part 1258 which was i.e., CBI or other information whose
agency records in NARA Federal published at 72 FR 8279 on February 26, disclosure is restricted by statute.
records centers. 2007, is adopted as a final rule without Certain other material, such as
DATES: Effective date: May 29, 2007. change. copyrighted material, is not placed on
FOR FURTHER INFORMATION CONTACT: Dated: May 23, 2007. the Internet and will be publicly
Jennifer Davis Heaps at 301–837–1850 Allen Weinstein, available only in hard copy form.
or fax at 301–837–0319. Archivist of the United States. Publicly available docket materials are
SUPPLEMENTARY INFORMATION: On [FR Doc. E7–10359 Filed 5–25–07; 8:45 am] available either electronically through
February 26, 2007, NARA published an BILLING CODE 7515–01–P
http://www.regulations.gov or in hard
interim final rule (72 FR 8279) for a 60- copy at the Environmental Protection
day public comment period removing Agency, Air Planning and Development
records center holdings from our Branch, 901 North 5th Street, Kansas
ENVIRONMENTAL PROTECTION City, Kansas 66101. The Regional
reproduction fee schedule. We received AGENCY
one responsive comment on the interim Office’s official hours of business are
final rule. Other comments received 40 CFR Part 52 Monday through Friday, 8:00 to 4:30
through www.regulations.gov in the excluding Federal holidays. The
interim final rule docket were [EPA–R07–OAR–2006–0973; FRL–8318–6] interested persons wanting to examine
nonresponsive because they related to these documents should make an
Approval and Promulgation of appointment with the office at least 24
the NARA proposed rule published in
Implementation Plans; State of Kansas hours in advance.
the Federal Register on the same day.
We have transferred those comments to AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Gina
sroberts on PROD1PC70 with RULES

the proposed rule docket and will Agency (EPA). Grier at (913) 551–7078, or by e-mail at
consider them as part of that ACTION: Final rule.
grier.gina@epa.gov.
rulemaking. The individual who SUPPLEMENTARY INFORMATION:
commented on the interim final rule SUMMARY: EPA is approving revisions to Throughout this document whenever
expressed concern about the absence of Kansas’ State Implementation Plan (SIP) ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean

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