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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6127III. Administrative RequirementsA. Executive Order 12866This action has been classified as aTable 3 action for signature by theRegional Administrator under theprocedures published in the FederalRegister on January 19, 1989 (54 FR2214–2225), as revised by a July 10,1995, memorandum from Mary D.Nichols, Assistant Administrator for Airand Radiation. The Office ofManagement and Budget (OMB) hasexempted this regulatory action fromExecutive Order 12866 review.B. Regulatory FlexibilityUnder the Regulatory Flexibility Act,5 U.S.C. section 600 et seq., USEPAmust prepare a regulatory flexibilityanalysis assessing the impact of anyproposed or final rule on small entities.5 U.S.C. sections 603 and 604.Alternatively, USEPA may certify thatthe rule will not have a significantimpact on a substantial number of smallentities. Small entities include smallbusinesses, small not-for-profitenterprises, and government entitieswith jurisdiction over populations ofless than 50,000.SIP approvals under section 110 andsubchapter I, part D of the Act do notcreate any new requirements, butsimply approve requirements that theState is already imposing. Therefore,because the Federal SIP approval doesnot impose any new requirements, theAdministrator certifies that it does nothave a significant impact on any smallentities affected. Moreover, due to thenature of the Federal-State relationshipunder the Act, preparation of aflexibility analysis would constituteFederal inquiry into the economicreasonableness of the State action. TheClean Air Act forbids USEPA to base itsactions concerning SIPs on suchgrounds. Union Electric Co. v. EPA., 427U.S. 246, 256–66 (1976); 42 U.S.C.7410(a)(2).C. Unfunded MandatesUnder Section 202 of the UnfundedMandates Reform Act of 1995, signedinto law on March 22, 1995, USEPAmust undertake various actions inassociation with any proposed or finalrule that includes a Federal mandatethat may result in estimated costs tostate, local, or tribal governments in theaggregate; or to the private sector, of$100 million or more. This Federalaction affirms a State finding thatadditional regulations covering marinecoatings sources are unnecessarybecause no major sources of this typeare located in the Illinois ozonenonattainment areas. No new Federalrequirements are imposed. Accordingly,no additional costs to state, local, ortribal governments, or the private sector,result from this action.D. Submission to Congress and theGeneral Accounting OfficeUnder section 801(a)(1)(A) as addedby the Small Business RegulatoryEnforcement Fairness Act of 1996,USEPA submitted a report containingthis rule and other required informationto the U.S. Senate, the U.S. House ofRepresentatives and the ComptrollerGeneral of the General AccountingOffice prior to publication of the rule intoday’s Federal Register. This rule isnot a major rule as defined by section804(2).E. Petitions for Judicial ReviewUnder section 307(b)(1) of the Act,petitions for judicial review of thisaction must be filed in the United StatesCourt of Appeals for the appropriatecircuit by April 14, 1997. Filing apetition for reconsideration by theAdministrator of this final rule does notaffect the finality of this rule for thepurposes of judicial review nor does itextend the time within which a petitionfor judicial review may be filed, andshall not postpone the effectiveness ofsuch rule or action. This action may notbe challenged later in proceedings toenforce its requirements. (See section307(b)(2)).List of Subjects in 40 CFR Part 52Environmental protection, Airpollution control, Hydrocarbons, Ozone,and Volatile organic compounds.Dated: January 23, 1997.Steve Rothblatt,Acting Regional Administrator.Part 52, chapter I, title 40 of the Codeof Federal Regulations is amended asfollows:PART 52—[AMENDED]1. The authority citation for part 52continues to read as follows:Authority: 42 U.S.C. 7401–7671q.Subpart O—Illinois2. Section 52.726 is amended byadding paragraph (n) to read as follows:§ 52.726 Control strategy: Ozone.* * * * *(n) Negative declaration—Shipbuilding and ship repair industry.On October 11, 1996, the State ofIllinois certified to the satisfaction of theUnited States Environmental ProtectionAgency that no major sourcescategorized as part of the shipbuildingand ship repair industry are located inthe Chicago, Illinois ozonenonattainment area which is comprisedof Cook, DuPage, Kane, Lake, McHenry,Will Counties and Aux Sable and GooseLake Townships in Grundy County andOswego Township in Kendall County orthe Metro-East, Illinois ozonenonattainment area which is comprisedof Madison, Monroe, and St. ClairCounties.* * * * *[FR Doc. 97–3254 Filed 2–10–97; 8:45 am]BILLING CODE 6560–50–P40 CFR Part 52[IL153–1a; FRL–5685–1]Approval and Promulgation ofImplementation Plans; IllinoisAGENCY: U.S. Environmental ProtectionAgency (USEPA).ACTION: Direct final rule.SUMMARY: On October 11, 1996, Illinoissubmitted a negative declarationregarding the need for rules controllingair emissions from sources classified aspart of the ‘‘Aerospace Manufacturingand Rework Industry’’ (AMRI) or‘‘Aerospace Coatings’’ category in theStandard Industrial Classification (SIC)Manual. This negative declarationindicates that the State of Illinois hasdetermined that there are no majorsources (sources with a potential to emittwenty-five or more tons per year ofvolatile organic material (VOM)) inIllinois’ ozone nonattainment areas. Inthis action, USEPA is approving theState’s finding that no additional controlmeasures are needed through a ‘‘directfinal’’ rulemaking; the rationale for thisapproval is set forth below. Elsewherein this Federal Register, USEPA isproposing approval and solicitingcomment on this direct final action; ifadverse comments are received, USEPAwill withdraw the direct finalrulemaking and address the commentsreceived in a new final rule; otherwise,no further rulemaking will occur on thisrequested negative declaration.DATES: This action is effective April 14,1997 unless adverse comments notpreviously addressed by the State orUSEPA are received by March 13, 1997.If the effective date of this action isdelayed due to adverse comments,timely notice will be published in theFederal Register.ADDRESSES: Written comments shouldbe sent to: J. Elmer Bortzer, Chief,Regulation Development Section, AirPrograms Branch (AR–18J), U.S.Environmental Protection Agency, 77