Approval and Promulgation of Implementation Plans; New York; Low Emission Vehicle Program, 4773-4775 [05-1630]
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Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations
§ 38.631 Graves marked with a private
headstone or marker.
(a) VA will furnish an appropriate
Government marker for the grave of a
decedent described in paragraph (b) of
this section, but only if the individual
requesting the marker certifies on VA
Form 40–1330 that it will be placed on
the grave for which it is requested or, if
placement on the grave is impossible or
impracticable, as close to the grave as
possible within the grounds of the
private cemetery where the grave is
located.
(b) The decedent referred to in
paragraph (a) of this section is one who:
(1) Died on or after September 11,
2001;
(2) Is buried in a private cemetery;
and
(3) Was eligible for burial in a
national cemetery, but is not an
individual described in 38 U.S.C.
2402(4), (5), or (6).
(c) VA will deliver the marker directly
to the cemetery where the grave is
located or to a receiving agent for
delivery to the cemetery.
(d) VA will not pay the cost of
installing a Government marker in a
private cemetery.
(e) The applicant must obtain
certification on VA Form 40–1330 from
a cemetery representative that the type
and placement of the marker requested
adheres to the policies and guidelines of
the selected private cemetery.
(f) VA will furnish its full product
line of Government markers for private
cemeteries.
(g) The authority to furnish a marker
under this section expires on December
31, 2006.
(Authority: 38 U.S.C. 501, 2306)
(The Office of Management and Budget has
approved the information collection
requirements in this section under control
number 2900–0222.)
§ 38.632 Headstone and marker
application process.
(a) Headstones and markers for graves
in national cemeteries shall be ordered
from the Record of Interment (VA Form
40–4956) prepared by the national
cemetery superintendent at the time of
interment. No further application is
required.
(b) Submission of VA Form 40–1330,
Application for Headstone or Marker, is
required for the purpose of:
(1) Ordering a Government headstone
or marker for any unmarked grave of
any eligible veteran buried in a private
or local cemetery.
(2) Ordering a Government headstone
or marker for any unmarked grave in a
post cemetery of the Armed Forces.
(3) Ordering a Government memorial
headstone or marker for placement in a
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national cemetery, in a private or local
cemetery and any post cemetery of the
Armed Forces.
§ 38.633
(Authority: 38 U.S.C. 501, 2403)
[FR Doc. 05–1705 Filed 1–28–05; 8:45 am]
BILLING CODE 8320–01–P
Group memorial monuments.
(a) Definitions of terms. For the
purpose of this section, the following
definitions apply:
(1) Group—all the known and
unknown dead who perished in a
common military event.
(2) Memorial Monument—a
monument commemorating veterans,
whose remains have not been recovered
or identified. Monuments will be
selected in accordance with policies
established under 38 CFR 38.630.
(3) Next of kin—recognized in order:
Surviving spouse; children, according to
age; parents, including adoptive,
stepparents, and foster parents; brothers
or sisters, including half or stepbrothers
and stepsisters; grandparents;
grandchildren; uncles or aunts;
nephews or nieces; cousins; and/or
other lineal descendent.
(4) Documentary evidence—Official
documents, records, or correspondence
signed by an Armed Services branch
historical center representative attesting
to the accuracy of the evidence.
(b) The Secretary may furnish at
government expense a group memorial
monument upon request of next of kin.
The group memorial monument will
commemorate two or more identified
members of the Armed Forces,
including their reserve components,
who died in a sanctioned common
military event, (e.g., battle or other
hostile action, bombing or other
explosion, disappearance of aircraft,
vessel or other vehicle) while in active
military, naval or air service, and whose
remains were not recovered or
identified, were buried at sea, or are
otherwise unavailable for interment.
(c) A group memorial monument
furnished by VA may be placed only in
a national cemetery in an area reserved
for such purpose. If a group memorial
monument has already been provided
under this regulation or by any
governmental body, e.g., the American
Battle Monuments Commission, to
commemorate the dead from a common
military event, an additional group
memorial monument will not be
provided by VA for the same purpose.
(d) Application for a group memorial
monument shall be submitted in a
manner specified by the Secretary.
Evidence used to establish and
determine eligibility for a group
memorial monument will conform to
paragraph (a)(4) of this section.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region II Docket No. R02–OAR–2004–NY–
0002, FRL–7851–1]
Approval and Promulgation of
Implementation Plans; New York; Low
Emission Vehicle Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a New York State
State Implementation Plan (SIP)
revision to revise its existing low
emission vehicle (LEV) program. The
State’s revision adopts California’s
second generation low emission vehicle
program for light-duty vehicles (LEV II).
New York has revised its LEV rule to
include a non-methane hydrocarbon
standard and various administrative and
grammatical changes to make its
existing LEV rule identical to
California’s LEV II program. The
intended effect of this rulemaking is to
approve a control strategy which will
result in emissions reductions that will
help achieve attainment of national
ambient air quality standards for ozone.
DATES: Effective Date: This rule will be
effective March 2, 2005.
ADDRESSES: Copies of the state submittal
are available at the following addresses
for inspection during normal business
hours:
Environmental Protection Agency,
Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866.
Environmental Protection Agency, Air
and Radiation Docket and Information
Center, Air Docket (6102), 401 M
Street, SW., Washington, DC 20460.
New York State Department of
Environmental Conservation, Office of
Air and Waste Management, 14th
Floor, 625 Broadway, Albany, New
York 12233–1010.
FOR FURTHER INFORMATION CONTACT:
David Risley, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249 or
risley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Description of the SIP Revision
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Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations
II. Public Comments on the Proposed Action
III. Final EPA Action
IV. Administrative Requirements
I. Description of the SIP Revision
In 1994, New York requested EPA to
revise its SIP to include a LEV program.
EPA approved that SIP revision on
January 6, 1995 (60 FR 2022). At the
time, New York’s LEV program was
identical to California’s first-generation
LEV program. More recently, New York
has updated its LEV program to be
identical to California’s LEV II program.
New York has adopted California’s LEV
II program by reference in the New York
State Code of Rules and Regulations part
218, ‘‘Emission Standards for Motor
Vehicles and Motor Vehicle Engines.’’
New York has requested that EPA take
action on its revised LEV program. EPA
has already approved the emissions
reduction credits from the revised LEV
program as part of our approval of New
York’s attainment demonstration SIP
revision on February 4, 2002 (67 FR
5170). In the current SIP revision, New
York requested Federal approval of the
LEV program regulation. EPA’s approval
of New York’s LEV program makes it
Federally-enforceable, further ensuring
that planned emissions reductions will
continue to take place. For further
information on the specifics of New
York’s LEV program see the September
24, 2004 Notice of Proposed Rulemaking
(69 FR 57241).
II. Public Comments on the Proposed
Action
No comments were received on the
Notice of Proposed Rulemaking,
published in the September 24, 2004
Federal Register (69 FR 57241).
III. Final EPA Action
EPA is approving the light-duty
portion of New York’s LEV program,
which is identical to California’s LEV II
program. The LEV program that EPA is
approving is contained in title 6, part
218, subparts 218–1, 218–2, 218–3, 218–
5, 218–6, 218–7 and 218–8 of the
Official Compilation of Codes, Rules
and Regulations of the State of New
York. Approval of New York’s LEV
program further ensures that planned
emissions reductions attributable to this
program will be achieved. These
reductions are necessary for New York
to achieve its clean air goals, as detailed
in the State’s 1-hour ozone attainment
demonstration SIP. The updated
program was filed on November 28,
2000 and adopted on December 28,
2000, as noticed in the New York State
Register.
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16:42 Jan 28, 2005
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IV. Administrative Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
PO 00000
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to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 1, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 23, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
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Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Rules and Regulations
(c) * * *
*
*
*
*
I 1. The authority citation for part 52
(107) Revisions to the State
continues to read as follows:
Implementation Plan submitted on
Authority: 42 U.S.C. 7401 et seq.
December 9, 2002, by the New York
State Department of Environmental
Subpart HH—New York
Conservation which consists of the
adoption of California’s second
I 2. Section 52.1670 is amended by
adding new paragraph (c)(107) to read as generation Low Emissions Vehicle
(LEV) program.
follows:
(i) Incorporation by reference.
§ 52.1670 Identification of plan.
(A) Regulation part 218 ‘‘Emissions
Standards for Motor Vehicles and Motor
*
*
*
*
*
PART 52—[AMENDED]
*
Vehicle Engines’’ of Title 6 of the
Official Compilation of Codes, Rules
and Regulations of the State of New
York (6NYCRR), part 218, subparts 218–
1, 218–2, 218–3, 218–5, 218–6, 218–7
and 218–8 filed on November 28, 2000
and effective on December 28, 2000.
3. Section 52.1679 is amended by
revising the entry for part 218 under title
6 to read as follows:
I
§ 52.1679 EPA-approved New York State
regulations.
State
effective
date
Latest EPA approval date
Comments
*
*
Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines:
Subpart 218–1: Applicability and Definitions.
Subpart 218–2: Certification and Prohibitions.
Subpart 218–3: Fleet Average ................
*
........................
*
*
........................................................................
*
*
EPA’s approval of part 218 only
applies to light-duty vehicles.
12/28/00
Subpart 218–4: Zero Emissions Vehicle
Sales Mandate.
Subpart 218–5: Testing ...........................
5/28/92
1/31/05, [insert FR citation of this document].
1/31/05, [insert FR citation of this document].
1/31/05, [insert FR citation of this document].
1/6/95, 60 FR 2025.
12/28/00
Subpart 218–6: Surveillance ...................
12/28/00
Subpart 218–7: Aftermarket Parts ..........
12/28/00
Subpart 218–8: Severability ....................
12/28/00
New York State regulation
Title 6
*
12/28/00
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[IB Docket No. 02–10, FCC 04–286]
Procedures To Govern the Use of
Satellite Earth Stations on Board
Vessels in the 5925–6425 MHz/3700–
4200 MHz Bands and 14.0–14.5 GHz/
11.7–12.2 GHz Bands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document is a summary
of the Report and Order adopted by the
Commission in this proceeding. The
Commission adopted licensing and
service rules for satellite earth stations
on vessels (ESVs) in the C- and Kubands that will provide regulatory
Jkt 205001
[insert FR citation of this docu[insert FR citation of this docu[insert FR citation of this docu[insert FR citation of this docu-
*
*
certainty to ESV licensees, while
protecting existing users in the bands.
The new rules will further the
Commission’s goal of promoting marketbased deployment of broadband
technologies.
Effective March 2, 2005, except
for 47 CFR 25.221(c), 25.221(e), and
25.222(c) which contain information
requirements that have not yet been
approved by Office of Management and
Budget (OMB). The Commission will
publish a document in the Federal
Register announcing the effective date
of those sections. OMB, the general
public, and other Federal agencies are
invited to comment on the information
collection requirements on or before
April 1, 2005.
ADDRESSES: In addition to filing
comments with the Office of the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection(s) contained
herein should be submitted to Judith B.
Herman, Federal Communications
DATES:
47 CFR Parts 2, 25, and 101
16:42 Jan 28, 2005
1/31/05,
ment].
1/31/05,
ment].
1/31/05,
ment].
1/31/05,
ment].
*
[FR Doc. 05–1630 Filed 1–28–05; 8:45 am]
VerDate jul<14>2003
12/28/00
PO 00000
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*
*
Commission, Room 1–C804, 445 12th
Street, SW., Washington, DC 20554, or
via the Internet to JudithB.Herman@fcc.gov, and to Kristy L.
LaLonde, OMB Desk Officer, Room
10236 NEOB, 725 17th Street, NW.,
Washington, DC 20503 or via the
Internet to
Kristy_L._LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Gorny or Gardner Foster, Policy
Division, International Bureau, (202)
418–1460. For additional information
concerning the Paperwork Reduction
Act information collection(s) contained
in this document, contact Judith B.
Herman at (202) 418–0214, or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in IB Docket No. 02–10, FCC
04–286, adopted December 15, 2004,
and released on January 6, 2005. This
proceeding was initiated by the Notice
of Proposed Rule Making (ESV NPRM),
69 FR 3056, January 22, 2004. The full
E:\FR\FM\31JAR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Rules and Regulations]
[Pages 4773-4775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1630]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. R02-OAR-2004-NY-0002, FRL-7851-1]
Approval and Promulgation of Implementation Plans; New York; Low
Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is approving a New York
State State Implementation Plan (SIP) revision to revise its existing
low emission vehicle (LEV) program. The State's revision adopts
California's second generation low emission vehicle program for light-
duty vehicles (LEV II). New York has revised its LEV rule to include a
non-methane hydrocarbon standard and various administrative and
grammatical changes to make its existing LEV rule identical to
California's LEV II program. The intended effect of this rulemaking is
to approve a control strategy which will result in emissions reductions
that will help achieve attainment of national ambient air quality
standards for ozone.
DATES: Effective Date: This rule will be effective March 2, 2005.
ADDRESSES: Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW., Washington,
DC 20460.
New York State Department of Environmental Conservation, Office of Air
and Waste Management, 14th Floor, 625 Broadway, Albany, New York 12233-
1010.
FOR FURTHER INFORMATION CONTACT: David Risley, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249 or risley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Description of the SIP Revision
[[Page 4774]]
II. Public Comments on the Proposed Action
III. Final EPA Action
IV. Administrative Requirements
I. Description of the SIP Revision
In 1994, New York requested EPA to revise its SIP to include a LEV
program. EPA approved that SIP revision on January 6, 1995 (60 FR
2022). At the time, New York's LEV program was identical to
California's first-generation LEV program. More recently, New York has
updated its LEV program to be identical to California's LEV II program.
New York has adopted California's LEV II program by reference in the
New York State Code of Rules and Regulations part 218, ``Emission
Standards for Motor Vehicles and Motor Vehicle Engines.''
New York has requested that EPA take action on its revised LEV
program. EPA has already approved the emissions reduction credits from
the revised LEV program as part of our approval of New York's
attainment demonstration SIP revision on February 4, 2002 (67 FR 5170).
In the current SIP revision, New York requested Federal approval of the
LEV program regulation. EPA's approval of New York's LEV program makes
it Federally-enforceable, further ensuring that planned emissions
reductions will continue to take place. For further information on the
specifics of New York's LEV program see the September 24, 2004 Notice
of Proposed Rulemaking (69 FR 57241).
II. Public Comments on the Proposed Action
No comments were received on the Notice of Proposed Rulemaking,
published in the September 24, 2004 Federal Register (69 FR 57241).
III. Final EPA Action
EPA is approving the light-duty portion of New York's LEV program,
which is identical to California's LEV II program. The LEV program that
EPA is approving is contained in title 6, part 218, subparts 218-1,
218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 of the Official Compilation
of Codes, Rules and Regulations of the State of New York. Approval of
New York's LEV program further ensures that planned emissions
reductions attributable to this program will be achieved. These
reductions are necessary for New York to achieve its clean air goals,
as detailed in the State's 1-hour ozone attainment demonstration SIP.
The updated program was filed on November 28, 2000 and adopted on
December 28, 2000, as noticed in the New York State Register.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 23, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 4775]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart HH--New York
0
2. Section 52.1670 is amended by adding new paragraph (c)(107) to read
as follows:
Sec. 52.1670 Identification of plan.
* * * * *
(c) * * *
* * * * *
(107) Revisions to the State Implementation Plan submitted on
December 9, 2002, by the New York State Department of Environmental
Conservation which consists of the adoption of California's second
generation Low Emissions Vehicle (LEV) program.
(i) Incorporation by reference.
(A) Regulation part 218 ``Emissions Standards for Motor Vehicles
and Motor Vehicle Engines'' of Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York (6NYCRR), part
218, subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed
on November 28, 2000 and effective on December 28, 2000.
0
3. Section 52.1679 is amended by revising the entry for part 218 under
title 6 to read as follows:
Sec. 52.1679 EPA-approved New York State regulations.
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective Latest EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Title 6
* * * * * * *
Part 218, Emission Standards for Motor .............. .............................. EPA's approval of part
Vehicles and Motor Vehicle Engines: 218 only applies to
light-duty vehicles.
Subpart 218-1: Applicability and 12/28/00 1/31/05, [insert FR citation
Definitions. of this document].
Subpart 218-2: Certification and 12/28/00 1/31/05, [insert FR citation
Prohibitions. of this document].
Subpart 218-3: Fleet Average...... 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-4: Zero Emissions 5/28/92 1/6/95, 60 FR 2025.
Vehicle Sales Mandate.
Subpart 218-5: Testing............ 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-6: Surveillance....... 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-7: Aftermarket Parts.. 12/28/00 1/31/05, [insert FR citation
of this document].
Subpart 218-8: Severability....... 12/28/00 1/31/05, [insert FR citation
of this document].
* * * * * * *
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[FR Doc. 05-1630 Filed 1-28-05; 8:45 am]
BILLING CODE 6560-50-P
