Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: California, 26718-26721 [E7-8673]
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26718
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 750XL
airplanes, serial numbers 125, 126, and 127,
certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 22: Autopilot.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
* * * failure of the Autopilot System
Computer resulting in the possibility of an
out of trim condition, which may lead to loss
of aircraft control* * *
FAA AD Differences
pwalker on PROD1PC71 with RULES
Note: This AD differs from the MCAI and/
or service information as follows:
(1) The MCAI requires an interim action of
disconnecting the autopilot following Pacific
Aerospace Limited Alert Service Bulletin
PACSB/XL/001, dated February 16, 2007.
Since there are no products of this type
currently registered in the United States, and
Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/XL/025, dated March 5,
2007, supersedes Pacific Aerospace Limited
Alert Service Bulletin PACSB/XL/001, dated
February 16, 2007, we are not requiring
disconnection of the autopilot. Instead we
require the autopilot comply with the
terminating actions in Pacific Aerospace
Limited Mandatory Service Bulletin PACSB/
XL/025, dated March 5, 2007.
(2) The MCAI allows modification of the
pitch trim circuit within 150 hours time-inservice. Since there are no products of this
type currently registered in the United States,
we are requiring modification of the pitch
trim circuit before a domestic airworthiness
certificate can be issued.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Small Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
18:01 May 10, 2007
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2007–0101; FRL–8308–4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes: California
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
Jkt 211001
(h) Refer to MCAI Civil Aviation Authority
of New Zealand AD DCA/750XL/12A,
drafted: March 27, 2007, effective date:
March 29, 2007; and Pacific Aerospace
Limited Mandatory Service Bulletin PACSB/
XL/025, dated March 5, 2007, for related
information.
SUMMARY: EPA is granting a request
submitted by the State to redesignate the
South Coast from nonattainment to
attainment for the CO National Ambient
Air Quality Standards (NAAQS). EPA is
also approving a state implementation
plan (SIP) revision for the South Coast
nonattainment area in California as
meeting the Clean Air Act (CAA)
requirements for maintenance plans for
carbon monoxide (CO). EPA is finding
adequate and approving motor vehicle
emission budgets, which are included in
the maintenance plan. Finally, EPA is
approving the California motor vehicle
inspection and maintenance
(I/M) program as meeting the low
enhanced I/M requirements for CO in
the South Coast.
Material Incorporated by Reference
Actions and Compliance
(f) Unless already done, do the following
actions before further flight.
(1) Modify the autopilot pitch trim circuit
with additional protective features following
Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/XL/025, dated March 5,
2007.
(2) Inspect the Pitch Servo to confirm part
number (P/N) 108–15–P1 is installed
following Pacific Aerospace Limited
Mandatory Service Bulletin PACSB/XL/025,
dated March 5, 2007.
(i) If Pitch Servo P/N 108–15–P1 is
installed, no further action is necessary.
(ii) If Pitch Servo P/N 108–15–P1 is not
installed, replace the Pitch Servo with P/N
108–15–P1 following Pacific Aerospace
Limited Mandatory Service Bulletin PACSB/
XL/025, dated March 5, 2007.
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Send information to ATTN: Karl
Schletzbaum, Aerospace Engineer, 901
Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4146; fax: (816)
329–4090. Before using any approved AMOC
on any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
DATES:
Related Information
(i) You must use Pacific Aerospace Limited
Mandatory Service Bulletin PACSB/XL/025,
dated March 5, 2007, to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Pacific Aerospace Limited,
Hamilton Airport, Private Bag HN3027,
Hamilton, New Zealand; telephone: (64) 7–
843–6144; fax: (64) 7–843–6134.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri on May 4,
2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–8993 Filed 5–10–07; 8:45 am]
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Effective Date: This rule is
effective on June 11, 2007.
Copies of the documents
relevant to this action are available for
public inspection during normal
business hours at EPA Region 9’s Air
Planning Office (AIR–2), 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Due to increased security, we suggest
that you call at least 24 hours prior to
visiting the Regional Office so that we
can make arrangements to have
someone meet you.
ADDRESSES:
Electronic Availability
This document and our proposed
rule, which was published on February
14, 2007, are also available at
www.regulations.gov for docket number
EPA–R09–OAR–2007–0101.
FOR FURTHER INFORMATION CONTACT:
David Jesson, U.S. EPA Region 9, 415–
972–3961, david.jesson@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean U.S. EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
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Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations
I. Proposed Action
On February 14, 2007 (72 FR 6986),
we proposed to approve the 2005
Carbon Monoxide Redesignation
Request and Carbon Monoxide
Maintenance Plan for the South Coast
Air Basin (Maintenance Plan) as
meeting the requirements of CAA
sections 107(d)(3)(E) and 175A. We also
proposed to approve and find adequate
the motor vehicle emissions budgets
(MVEBs) submitted with the
Maintenance Plan.
We proposed to approve the request
by the State of California to redesignate
the area to attainment for CO under the
provisions of CAA section 107(d)(3)(E).
Section 107(d)(3)(E) authorizes the EPA
Administrator to redesignate areas to
attainment if the area has attained the
NAAQS due to permanent and
enforceable emission reductions, and
the approved SIP for the area meets all
of the applicable requirements of CAA
section 110 (basic requirements
applicable to SIPs generally), Part D
(special SIP requirements applicable to
nonattainment areas), and 175A (SIP
requirements for maintenance areas).
As part of our proposed determination
that California has met applicable Part
D provisions, we proposed to adapt to
CO nonattainment areas the provisions
of our Clean Data Policy, which was
initially established for ozone (see
discussion at 72 FR 6989). Under the
Clean Data Policy, certain CAA Part D
requirements—including the
requirements for developing attainment
demonstrations, reasonable further
progress (RFP) plans, reasonably
available control measures (RACM) and
contingency measures—no longer apply
because the area has already attained
the NAAQS.
Finally, because our interim approval
of California’s I/M program for CO in
the South Coast expired on August 7,
1998, California submitted a
demonstration that the I/M program
meets the low-enhanced requirements
applicable to the South Coast CO
nonattainment area (see discussion in
section III.B.4. We proposed to approve
that demonstration.
IV. Statutory and Executive Order
Reviews
III. Final Action
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
changes to 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
We are taking final action to
redesignate the South Coast from
nonattainment to attainment for the CO
National Ambient Air Quality Standards
1 A letter from CARB dated August 11, 2006,
contained information related to the enhanced I/M
program, but we are not incorporating this letter in
the approved SIP.
II. Public Comments
Our February 14, 2007 proposed rule
provided a 30-day public comment
period, which closed on March 16,
2007. We received no comments on our
proposal during this period.
pwalker on PROD1PC71 with RULES
(NAAQS) under CAA section
107(d)(3)(E).
We are approving the following SIP
revision as meeting the Clean Air Act
(CAA) requirements for maintenance
plans for carbon monoxide (CO) under
CAA section 175A: 2005 Carbon
Monoxide Redesignation Request and
Carbon Monoxide Maintenance Plan for
the South Coast Air Basin, adopted by
the SCAQMD on March 4, 2005, and
adopted and submitted by the CARB on
February 24, 2006.1
We are approving Appendix V, page
V–5–4, Table 5–2—‘‘Carbon Monoxide
Emissions (tons/day) Projected from
1993 through 2000 for the South Coast
Air Basin,’’ in the 1997 CO Plan for the
South Coast, adopted by SCAQMD on
November 15, 1996, and adopted and
submitted by CARB on February 5,
1997, as meeting the requirements of
CAA section 187(b)(2) relating to
transportation control measures to offset
emissions associated with growth in
vehicle miles traveled and vehicle trips.
We are finding adequate and
approving under CAA section 176(c) the
following motor vehicle emission
budgets included in the maintenance
plan: 2888 tons per day of CO for 2005,
and 2137 tons per day of CO for 2010,
2015, and 2020.
We are approving the State’s
demonstration that the California motor
vehicle inspection and maintenance
(I/M) program meets the low enhanced
I/M requirements for CO in the South
Coast under CAA section 187(a)(6). The
State’s I/M program submittal of January
22, 1996, remains an approved part of
the SIP, following its approval on
January 8, 1997 (62 FR 1150).
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26719
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
(Pub. L. 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 97249, November 9, 2000), nor
will it 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), because it 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
CAA. 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 approves a
state plan implementing a Federal
Standard.
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, 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.
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
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Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations
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 July 10, 2007.
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
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Reporting
and recordkeeping requirements.
day) Projected from 1993 through 2000
for the South Coast Air Basin.’’
*
*
*
*
*
(346) New and amended plans for the
following AQMD were submitted on
February 24, 2006, by the Governor’s
designee.
(i) Incorporation by reference.
(A) South Coast Air Quality
Management District (SCAQMD).
(1) 2005 Carbon Monoxide
Redesignation Request and Maintenance
Plan for the South Coast Air Basin, as
adopted by SCAQMD on March 4, 2005,
and by California Air Resources Board
on February 24, 2006.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: April 24, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
40 CFR parts 52 and 81 are amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
PART 81—[AMENDED]
2. Section 52.220 is amended by
adding subparagraph (c)(247)(i)(A)(6)
and adding paragraph (c)(346) to read as
follows:
I
I
§ 52.220
1. The authority citation for part 81
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C—[Amended]
Identification of plan.
*
*
*
*
*
(c) * * *
(247) * * *
(i) * * *
(A) * * *
(6) Appendix V, page V–5–4, Table 5–
2—‘‘Carbon Monoxide Emissions (tons/
I 2. In § 81.305, the table ‘‘California—
Carbon Monoxide’’ is amended by
revising the entry for ‘‘Los AngelesSouth Coast Air Basin Area’’ to read as
follows:
§ 81.305
*
*
California.
*
*
*
CALIFORNIA—CARBON MONOXIDE
Designation
Classification
Designated area
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Date 1
*
*
*
Los Angeles-South Coast Air Basin Area ...............................
Los Angeles County (part)—that portion of Los Angeles
County which lies south and west of a line described as
follows:
1. Beginning at the Los Angeles-San Bernardino County
boundary and running west along the township line
common to Township 3 North and Township 2 North,
San Bernardino Base and Meridian;
2. Then north along the range line common to Range 8
West and Range 9 West;
3. Then west along the township line common to Township 4 North and Township 3 North;
4. Then north along the range line common to Range
12 West and Range 13 West to the southeast corner
of Section 12, Township 5 North and Range 13 West;
5. Then west along the south boundaries of Sections
12, 11, 10, 9, 8, and 7, Township 5 North and Range
13 West to the boundary of the Angeles National Forest which is collinear with the range line common to
Range 13 West and Range 14 West;
6. Then north and west along the Angeles National Forest boundary to the point of intersection with the
township line common to Township 7 North and
Township 6 North (point is at the northwest corner of
Section 4 in Township 6 North and Range 14 West);
7. Tthen west along the township line common to Township 7 North and Township 6 North;
8. Then north along the range line common to Range
15 West and Range 16 West to the southeast corner
of Section 13, Township 7 North and Range 16 West;
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*
6/11/07
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*
*
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11MYR1
*
26721
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations
CALIFORNIA—CARBON MONOXIDE—Continued
Designation
Classification
Designated area
Date 1
Type
Date
Type
9. Then along the south boundaries of Sections 13, 14,
15, 16, 17, and 18, Township 7 North and Range 16
West;
10. Then north along the range line common to Range
16 West and Range 17 West to the north boundary of
the Angeles National Forest (collinear with the township line common to Township 8 North and Township
7 North);
11. Then west along the Angeles National Forest
boundary to the point of intersection with the south
boundary of the Rancho La Liebre Land Grant;
12. Then west and north along this land grant boundary
to the Los Angeles-Kern County boundary.
Orange County:
Riverside County (part)—that portion of Riverside County
which lies to the west of a line described as follows:
1. Beginning at the Riverside—San Diego County
boundary and running north along the range line common to Range 4 East and Range 3 East, San
Bernardino Base and Meridian;
2. Then east along the township line common to Township 8 South and Township 7 South;
3. Then north along the range line common to Range 5
East and Range 4 East;
4. Then west along the township line common to Township 6 South and Township 7 South to the southwest
corner of Section 34, Township 6 South, Range 4
East;
5. Then north along the west boundaries of Sections 34,
27, 22, 15, 10, and 3, Township 6 South, Range 4
East;
6. Then west along the township line common to Township 5 South and Township 6 South;
7. Then north along the range line common to Range 4
East and Range 3 East;
8. Then west along the south boundaries of Sections
13, 14, 15, 16, 17, and 18, Township 5 South, Range
3 East;
9. Then north along the range line common to Range 2
East and Range 3 East to the Riverside-San
Bernardino county line.
San Bernardino County—that portion of San Bernardino
County which lies south and west of a line described as
follows:
1. Beginning at the San Bernardino-Riverside County
boundary and running north along the range line common to Range 3 East and Range 2 East, San
Bernardino Base and Meridian;
2. Then west along the township line common to Township 3 North and Township 2 North to the San
Bernardino—Los Angeles County boundary.
*
1 This
*
*
*
*
*
date is November 15, 1990, unless otherwise noted.
[FR Doc. E7–8673 Filed 5–10–07; 8:45 am]
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*
]]>Agencies
[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Rules and Regulations]
[Pages 26718-26721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8673]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2007-0101; FRL-8308-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes: California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting a request submitted by the State to
redesignate the South Coast from nonattainment to attainment for the CO
National Ambient Air Quality Standards (NAAQS). EPA is also approving a
state implementation plan (SIP) revision for the South Coast
nonattainment area in California as meeting the Clean Air Act (CAA)
requirements for maintenance plans for carbon monoxide (CO). EPA is
finding adequate and approving motor vehicle emission budgets, which
are included in the maintenance plan. Finally, EPA is approving the
California motor vehicle inspection and maintenance (I/M) program as
meeting the low enhanced I/M requirements for CO in the South Coast.
DATES: Effective Date: This rule is effective on June 11, 2007.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at EPA
Region 9's Air Planning Office (AIR-2), 75 Hawthorne Street, San
Francisco, CA 94105-3901. Due to increased security, we suggest that
you call at least 24 hours prior to visiting the Regional Office so
that we can make arrangements to have someone meet you.
Electronic Availability
This document and our proposed rule, which was published on
February 14, 2007, are also available at www.regulations.gov for docket
number EPA-R09-OAR-2007-0101.
FOR FURTHER INFORMATION CONTACT: David Jesson, U.S. EPA Region 9, 415-
972-3961, david.jesson@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean U.S. EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
[[Page 26719]]
I. Proposed Action
On February 14, 2007 (72 FR 6986), we proposed to approve the 2005
Carbon Monoxide Redesignation Request and Carbon Monoxide Maintenance
Plan for the South Coast Air Basin (Maintenance Plan) as meeting the
requirements of CAA sections 107(d)(3)(E) and 175A. We also proposed to
approve and find adequate the motor vehicle emissions budgets (MVEBs)
submitted with the Maintenance Plan.
We proposed to approve the request by the State of California to
redesignate the area to attainment for CO under the provisions of CAA
section 107(d)(3)(E). Section 107(d)(3)(E) authorizes the EPA
Administrator to redesignate areas to attainment if the area has
attained the NAAQS due to permanent and enforceable emission
reductions, and the approved SIP for the area meets all of the
applicable requirements of CAA section 110 (basic requirements
applicable to SIPs generally), Part D (special SIP requirements
applicable to nonattainment areas), and 175A (SIP requirements for
maintenance areas).
As part of our proposed determination that California has met
applicable Part D provisions, we proposed to adapt to CO nonattainment
areas the provisions of our Clean Data Policy, which was initially
established for ozone (see discussion at 72 FR 6989). Under the Clean
Data Policy, certain CAA Part D requirements--including the
requirements for developing attainment demonstrations, reasonable
further progress (RFP) plans, reasonably available control measures
(RACM) and contingency measures--no longer apply because the area has
already attained the NAAQS.
Finally, because our interim approval of California's I/M program
for CO in the South Coast expired on August 7, 1998, California
submitted a demonstration that the I/M program meets the low-enhanced
requirements applicable to the South Coast CO nonattainment area (see
discussion in section III.B.4. We proposed to approve that
demonstration.
II. Public Comments
Our February 14, 2007 proposed rule provided a 30-day public
comment period, which closed on March 16, 2007. We received no comments
on our proposal during this period.
III. Final Action
We are taking final action to redesignate the South Coast from
nonattainment to attainment for the CO National Ambient Air Quality
Standards (NAAQS) under CAA section 107(d)(3)(E).
We are approving the following SIP revision as meeting the Clean
Air Act (CAA) requirements for maintenance plans for carbon monoxide
(CO) under CAA section 175A: 2005 Carbon Monoxide Redesignation Request
and Carbon Monoxide Maintenance Plan for the South Coast Air Basin,
adopted by the SCAQMD on March 4, 2005, and adopted and submitted by
the CARB on February 24, 2006.\1\
---------------------------------------------------------------------------
\1\ A letter from CARB dated August 11, 2006, contained
information related to the enhanced I/M program, but we are not
incorporating this letter in the approved SIP.
---------------------------------------------------------------------------
We are approving Appendix V, page V-5-4, Table 5-2--``Carbon
Monoxide Emissions (tons/day) Projected from 1993 through 2000 for the
South Coast Air Basin,'' in the 1997 CO Plan for the South Coast,
adopted by SCAQMD on November 15, 1996, and adopted and submitted by
CARB on February 5, 1997, as meeting the requirements of CAA section
187(b)(2) relating to transportation control measures to offset
emissions associated with growth in vehicle miles traveled and vehicle
trips.
We are finding adequate and approving under CAA section 176(c) the
following motor vehicle emission budgets included in the maintenance
plan: 2888 tons per day of CO for 2005, and 2137 tons per day of CO for
2010, 2015, and 2020.
We are approving the State's demonstration that the California
motor vehicle inspection and maintenance (I/M) program meets the low
enhanced I/M requirements for CO in the South Coast under CAA section
187(a)(6). The State's I/M program submittal of January 22, 1996,
remains an approved part of the SIP, following its approval on January
8, 1997 (62 FR 1150).
IV. Statutory and Executive Order Reviews
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 changes to 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 (Pub. L. 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 97249, November 9, 2000), nor will it 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), because it
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 CAA. 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 approves a state plan implementing a Federal Standard.
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, 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.
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
[[Page 26720]]
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 July 10, 2007. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 24, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
0
40 CFR parts 52 and 81 are amended as follows:
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 F--California
0
2. Section 52.220 is amended by adding subparagraph (c)(247)(i)(A)(6)
and adding paragraph (c)(346) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(247) * * *
(i) * * *
(A) * * *
(6) Appendix V, page V-5-4, Table 5-2--``Carbon Monoxide Emissions
(tons/day) Projected from 1993 through 2000 for the South Coast Air
Basin.''
* * * * *
(346) New and amended plans for the following AQMD were submitted
on February 24, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005,
and by California Air Resources Board on February 24, 2006.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
2. In Sec. 81.305, the table ``California--Carbon Monoxide'' is
amended by revising the entry for ``Los Angeles-South Coast Air Basin
Area'' to read as follows:
Sec. 81.305 California.
* * * * *
California--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Los Angeles-South Coast Air Basin Area.. 6/11/07 Attainment...............................
Los Angeles County (part)--that portion
of Los Angeles County which lies south
and west of a line described as
follows:
1. Beginning at the Los Angeles-San
Bernardino County boundary and
running west along the township
line common to Township 3 North and
Township 2 North, San Bernardino
Base and Meridian;
2. Then north along the range line
common to Range 8 West and Range 9
West;
3. Then west along the township line
common to Township 4 North and
Township 3 North;
4. Then north along the range line
common to Range 12 West and Range
13 West to the southeast corner of
Section 12, Township 5 North and
Range 13 West;
5. Then west along the south
boundaries of Sections 12, 11, 10,
9, 8, and 7, Township 5 North and
Range 13 West to the boundary of
the Angeles National Forest which
is collinear with the range line
common to Range 13 West and Range
14 West;
6. Then north and west along the
Angeles National Forest boundary to
the point of intersection with the
township line common to Township 7
North and Township 6 North (point
is at the northwest corner of
Section 4 in Township 6 North and
Range 14 West);
7. Tthen west along the township
line common to Township 7 North and
Township 6 North;
8. Then north along the range line
common to Range 15 West and Range
16 West to the southeast corner of
Section 13, Township 7 North and
Range 16 West;
[[Page 26721]]
9. Then along the south boundaries
of Sections 13, 14, 15, 16, 17, and
18, Township 7 North and Range 16
West;
10. Then north along the range line
common to Range 16 West and Range
17 West to the north boundary of
the Angeles National Forest
(collinear with the township line
common to Township 8 North and
Township 7 North);
11. Then west along the Angeles
National Forest boundary to the
point of intersection with the
south boundary of the Rancho La
Liebre Land Grant;
12. Then west and north along this
land grant boundary to the Los
Angeles-Kern County boundary.
Orange County:
Riverside County (part)--that portion of
Riverside County which lies to the west
of a line described as follows:
1. Beginning at the Riverside--San
Diego County boundary and running
north along the range line common
to Range 4 East and Range 3 East,
San Bernardino Base and Meridian;
2. Then east along the township line
common to Township 8 South and
Township 7 South;
3. Then north along the range line
common to Range 5 East and Range 4
East;
4. Then west along the township line
common to Township 6 South and
Township 7 South to the southwest
corner of Section 34, Township 6
South, Range 4 East;
5. Then north along the west
boundaries of Sections 34, 27, 22,
15, 10, and 3, Township 6 South,
Range 4 East;
6. Then west along the township line
common to Township 5 South and
Township 6 South;
7. Then north along the range line
common to Range 4 East and Range 3
East;
8. Then west along the south
boundaries of Sections 13, 14, 15,
16, 17, and 18, Township 5 South,
Range 3 East;
9. Then north along the range line
common to Range 2 East and Range 3
East to the Riverside-San
Bernardino county line.
San Bernardino County--that portion of
San Bernardino County which lies south
and west of a line described as
follows:
1. Beginning at the San Bernardino-
Riverside County boundary and
running north along the range line
common to Range 3 East and Range 2
East, San Bernardino Base and
Meridian;
2. Then west along the township line
common to Township 3 North and
Township 2 North to the San
Bernardino--Los Angeles County
boundary.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. E7-8673 Filed 5-10-07; 8:45 am]
BILLING CODE 6560-50-P
