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Federal Register / Vol. 73, No.

78 / Tuesday, April 22, 2008 / Rules and Regulations 21549

State effective Latest EPA approval


New York State regulation Comments
date date

EPA is including the definition of ‘‘federally en-


forceable’’ with the understanding that (1) the
definition applies to provisions of a Title V per-
mit that are correctly identified as federally en-
forceable, and (2) a source accepts operating
limits and conditions to lower its potential to
emit to become a minor source, not to ‘‘avoid’’
applicable requirements.
EPA is approving incorporation by reference of
those documents that are not already federally
enforceable.

* * * * * * *

[FR Doc. E8–8657 Filed 4–21–08; 8:45 am] of this part are intended to: (1) Promote Paperwork Reduction Act of 1995 (44
BILLING CODE 6560–50–P economy and efficiency in NSF’s U.S.C., Chapter 35)
operations; (2) minimize the possibility This regulatory action will not impose
of involving NSF in controversial issues any additional reporting or
NATIONAL SCIENCE FOUNDATION not related to its functions; (3) maintain recordkeeping requirements under the
the impartiality of NSF among private Paperwork Reduction Act.
45 CFR Part 615 litigants; and (4) protect sensitive,
RIN 3145–AA49 confidential information and the Federalism (Executive Order 13132)
deliberative process. This proposed regulatory action does
Testimony and Production of Records To this end, in any legal proceeding not have Federalism implications, as set
AGENCY: National Science Foundation. between private litigants, an NSF forth in Executive Order 13132. It will
employee (other than an OIG employee) not have substantial direct effects on the
ACTION: Final rule.
is precluded from giving testimony or States, on the relationship between the
SUMMARY: The National Science producing official records or national government and the States, or
Foundation (NSF) is amending part 615 information in response to a formal on the distribution of power and
on testimony and the production of demand or informal request unless responsibilities among the various
records in title 45 of the Code of Federal NSF’s General Counsel authorizes him levels of government.
Regulations (CFR). This technical or her to do so. The current regulation List of Subjects in 45 CFR Part 615
amendment clarifies that, in connection is silent on what authority, if any, the
with a legal proceeding between private Inspector General has when information Testimony and production of records.
litigants, NSF’s Inspector General has or testimony is sought from an OIG ■ Accordingly, under the authority of 42
the same discretion to permit an Office employee via a request. To dispel any U.S.C. 1870, NSF amends the Code of
of Inspector General (OIG) employee to confusion, NSF is amending its Federal Regulations, Title 45, Chapter
testify or produce official records and regulation to clarify that the Inspector VI, as follows:
information in response to a request as General has the discretion to approve
NSF’s General Counsel has when such Title 45—Public Welfare—Chapter VI—
the production of official information, National Science Foundation
a request is made to any other NSF as well as the giving of testimony, in
employee. This final rule is an response to both a formal demand and PART 615—[AMENDED]
administrative simplification that makes an informal request made to an OIG
no substantive change in NSF policy or employee. ■ 1. The authority citation for part 615
procedures for providing testimony or continues to read as follows:
producing official records and Executive Order 12866 Authority: 42 U.S.C. 1870(a).
information in connection with a legal
proceeding. OMB has determined this rule to be ■ 2. Section 615.7 is revised to read as
nonsignificant. follows:
DATES: Effective Date: April 22, 2008.
FOR FURTHER INFORMATION CONTACT: Eric Regulatory Flexibility Act of 1980 (5 § 615.7 Legal proceedings between private
S. Gold, Assistant General Counsel, U.S.C. 605(b)) litigants: Office of Inspector General
Office of the General Counsel, National employees.
Science Foundation, telephone (703) This proposed regulatory action will
Notwithstanding the requirements set
292–8060 and e-mail egold@nsf.gov. not have a significant adverse impact on
forth in §§ 615.1 through 615.6, when an
a substantial number of small entities.
SUPPLEMENTARY INFORMATION: NSF employee of the Office of Inspector
promulgated part 615 of title 45 of the Unfunded Mandates Act of 1995 (Sec. General is issued a demand or receives
Code of Federal Regulations, entitled, 202, Pub. L. 104–4) a request to provide testimony or
‘‘Testimony and Production of produce official records and
Records,’’ to establish policies and This proposed regulatory action does information, the Inspector General or
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procedures to be followed when a not contain a Federal mandate that will his or her designee shall be responsible
request is made of an NSF employee to result in the expenditure by State, local, for performing the functions assigned to
provide testimony or produce official and tribal governments, in aggregate, or the General Counsel with respect to
records and information in connection by the private sector of $100 million or such demand or request pursuant to the
with a legal proceeding. The provisions more in any one year. provisions of this part.

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21550 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations

Dated: April 16, 2008.


Lawrence Rudolph,
General Counsel.
[FR Doc. E8–8668 Filed 4–21–08; 8:45 am]
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