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41450 Federal Register / Vol. 72, No.

145 / Monday, July 30, 2007 / Rules and Regulations

amounts attributed under section ENVIRONMENTAL PROTECTION publicly available only at the hard copy
1248(c)(2)) and the earnings and profits AGENCY location (e.g., copyrighted material), and
attributable to the stock of the some may not be publicly available in
distributee accumulated after the 40 CFR Part 52 either location (e.g., CBI). To inspect the
liquidation (including amounts hard copy materials, please schedule an
[EPA–R09–OAR–2007–0236; FRL–8444–3]
attributed under section 1248(c)(2)). appointment during normal business
Partial Withdrawal of Direct Final Rule hours with the contact listed in the FOR
(2) Special rule regarding section 381.
Revising the California State FURTHER INFORMATION CONTACT section.
Solely for purposes of determining the
Implementation Plan, San Joaquin FOR FURTHER INFORMATION CONTACT:
earnings and profits (or deficit in
Valley Air Pollution Control District Francisco Dóñez, EPA Region IX, (415)
earnings and profits) attributable to
972–3956, Donez.Francisco@epa.gov.
stock under this paragraph (c), the AGENCY: Environmental Protection
attributed earnings and profits of a Agency (EPA). List of Subjects in 40 CFR Part 52
corporation shall not include earnings ACTION: Final rule; partial withdrawal. Environmental protection, Air
and profits that are treated as received pollution control, Intergovernmental
or incurred pursuant to section SUMMARY: On May 30, 2007 (72 FR relations, Nitrogen dioxide, Ozone,
381(c)(2)(A) and § 1.381(c)(2)–1(a). 29886), EPA published a direct final Particulate matter, Reporting and
approval of revisions to the California recordkeeping requirements.
(3) Example. (i) Facts. DC, a domestic
corporation, has owned all of the stock of
State Implementation Plan (SIP). These
Dated: July 10, 2007.
CFC1, a foreign corporation, since its
revisions concerned San Joaquin Valley
Air Pollution Control District Keith Takata,
formation on January 1, year 1. CFC1 is an Acting Regional Administrator, Region IX.
operating company that has owned all of the (SJVAPCD) Rule 4307, Boilers, Steam
stock of CFC2, a foreign corporation, since its Generators and Process Heaters—2.0 ■ Part 52, chapter I, title 40 of the Code
formation on January 1, year 1. On December MMBtu/hr to 5.0 MMBtu/hr; Rule 4308, of Federal Regulations is amended as
31, year 2, CFC1 has $200 of accumulated Boilers, Steam Generators and Process follows:
earnings and profits and CFC2 has a ($200) Heaters—0.075 MMBtu/hr to 2.0
MMBtu/hr; Rule 4309, Dryers, PART 52—[AMENDED]
deficit in earnings and profits. On December
31, year 2, CFC2 distributes all of its assets Dehydrators, and Ovens; Rule 4352, ■ 1. The authority citation for part 52
and liabilities to CFC1 in a liquidation to Solid Fuel Fired Boilers, Steam continues to read as follows:
which section 332 applies. From January 1, Generators and Process Heaters; and
Rule 4905, Natural Gas-Fired, Fan-Type Authority: 42 U.S.C. 7401 et seq.
year 3, until December 31, year 4, CFC1
accumulates no additional earnings and Residential Central Furnaces. The direct ■ 2. Section 52.220 is amended by
profits. On December 31, year 4, DC sells its final action was published without prior revising paragraph (c)(347)(i)(A)(1) to
stock in CFC1. proposal because EPA anticipated no read as follows:
(ii) Result. Pursuant to paragraph (c)(1) of adverse comment. The direct final rule
this section, there are no earnings and profits stated that if adverse comments were § 52.220 Identification of plan.
attributable to DC’s CFC1 stock. This amount received by June 29, 2007, EPA would * * * * *
consists of the sum of the earnings and publish a timely withdrawal in the (c) * * *
profits attributable to the CFC1 stock Federal Register. EPA received timely (347) * * *
immediately before the liquidation (100% of adverse comments. Consequently, with (i) * * *
the $200 accumulated earnings and profits of this revision we are withdrawing the (A) * * *
CFC1 and 100% of CFC2’s ($200) deficit in direct final approval of SJVAPCD Rule (1) Rule 4307, adopted on April 20,
earnings and profits) and the amount of 4352. EPA will either address the 2006.
earnings and profits accumulated after the comments in a subsequent final action * * * * *
section 332 liquidation (see also section based on the parallel proposal also [FR Doc. E7–14679 Filed 7–27–07; 8:45 am]
1248(c)(2)). published on May 30, 2007 (72 FR BILLING CODE 6560–50–P
29901), or repropose an alternative
(d) Effective/applicability date. This action. As stated in the parallel
section applies to income inclusions proposal, EPA will not institute a ENVIRONMENTAL PROTECTION
that occur on or after July 30, 2007. second comment period on a AGENCY
Kevin M. Brown, subsequent final action. The other rules
approved in the May 30, 2007 direct 40 CFR Part 52
Deputy Commissioner for Services and
Enforcement.
final action, SJVAPCD Rules 4307, 4308, [EPA–R05–OAR–2007–0292; FRL–8442–9]
4309, and 4905, are not affected by this
Approved: July 16, 2007.
partial withdrawal and are incorporated Approval and Promulgation of Air
Eric Solomon, into the SIP as of the effective date of Quality Implementation Plans; Indiana
Assistant Secretary of the Treasury (Tax the May 30, 2007 direct final action.
Policy). AGENCY: Environmental Protection
DATES: This rule and withdrawal are Agency (EPA).
[FR Doc. E7–14466 Filed 7–27–07; 8:45 am] effective July 30, 2007.
ACTION: Direct final rule.
BILLING CODE 4830–01–P ADDRESSES: EPA has established docket
number EPA–R09–OAR–2007–0236 for SUMMARY: EPA is approving Indiana’s
this action. The index to the docket is requests to amend its State
available electronically at http:// Implementation Plan (SIP) for control of
www.regulations.gov and in hard copy particulate matter in 326 IAC 6.5–7–13.
jlentini on PROD1PC65 with RULES

at EPA Region IX, 75 Hawthorne Street, Indiana submitted the SIP revision
San Francisco, California. While all requests to EPA on November 1, 2005
documents in the docket are listed in and March 20, 2007. The revisions
the index, some information may be would change the source name from St.

VerDate Aug<31>2005 16:39 Jul 27, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\30JYR1.SGM 30JYR1

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