Approval and Promulgation of Implementation Plans; Georgia: Enhanced Inspection and Maintenance Plan, 24500-24502 [E8-9735]
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24500
Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
Dated: March 31, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security and
Stewardship.
[FR Doc. E8–9812 Filed 5–2–08; 8:45 am]
Figure 2–1, paragraph (34) (d) of the
Instruction. This rule involves the
equipping of vessels. An
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
BILLING CODE 4910–15–P
List of Subjects
ENVIRONMENTAL PROTECTION
AGENCY
33 CFR Part 155
Alaska, Hazardous substances, Oil
pollution, Reporting and recordkeeping
requirements.
33 CFR Part 156
Hazardous substances, Oil pollution,
Reporting and recordkeeping
requirements, Water pollution control.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR parts 155 and 156 as follows:
I
PART 155—OIL OR HAZARDOUS
MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
[EPA–R04–OAR–2008–0116–200807a; FRL–
8560–3]
Approval and Promulgation of
Implementation Plans; Georgia:
Enhanced Inspection and Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Authority: 33 U.S.C. 1231, 1321(j); 46
U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
1975 Comp., p. 793. Section 156.120(bb) and
(ee) are also issued under 46 U.S.C. 3703.
SUMMARY: EPA is approving revisions to
the Georgia State Implementation Plan
(SIP), submitted by the Georgia
Department of Natural Resources (GA
DNR), through the Georgia
Environmental Protection Division (GA
EPD), on December 28, 2007. The
revisions include minor changes to
Georgia’s Air Quality Rules found at
Chapter 391–3–20–.17, pertaining to
rules for Enhanced Inspection and
Maintenance (I/M). Enhanced I/M was
required for 1-hour ozone
nonattainment areas classified as
serious and above, under the Clean Air
Act (CAA). The enhanced I/M program
is not a required measure for Atlanta for
the 8-hour ozone standard pursuant to
the CAA because the area is classified
as a moderate nonattainment area (73
FR 12013). However, the enhanced I/M
program was approved into the SIP for
the 1-hour ozone standard and will
remain in the SIP until such time that
the State removes the requirement. To
remove the requirement from the SIP,
the State would have to make a
demonstration that removal of this
program would not interfere with or
delay attainment, consistent with
section 110(1) of the CAA. The I/M
program is a way to ensure that vehicles
are maintained properly and verify that
the emission control system is operating
correctly, in order to reduce vehiclerelated emissions. This action is being
taken pursuant to section 110 of the
CAA.
§ 156.120
DATES:
1. The authority citation for 33 CFR
part 155 and the note following citation
continue to read as follows:
I
Authority: 33 U.S.C. 1231, 1321(j); E.O.
11735, 3 CFR, 1971–1975 Comp., p. 793.
Sections 155.100 through 155.130, 150.350
through 155.400, 155.430, 155.440, 155.470,
155.1030(j) and (k), and 155.1065(g) are also
issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are
also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of
Pub. L. 101–380. Note: Additional
requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR
Parts 30 through 40, 150, 151, and 153.
§ 155.200
[Amended]
2. In § 155.200, suspend the definition
for ‘‘Sea State 5’’ from June 4, 2008 until
June 6, 2011.
I
§ 155.490
[Suspended]
3. Suspend § 155.490 from June 4,
2008 until June 6, 2011.
I
PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS
4. The authority citation for 33 CFR
part 156 continues to read as follows:
I
rfrederick on PROD1PC67 with RULES
40 CFR Part 52
[Amended]
5. In § 156.120, suspend paragraph
(ee) from June 4, 2008 until June 6,
2011.
I
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This direct final rule is effective
July 7, 2008 without further notice,
unless EPA receives adverse comment
by June 4, 2008. If adverse comment is
received, EPA will publish a timely
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withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number, ‘‘EPA–
R04–OAR–2008–0116,’’ by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0116,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID Number, ‘‘EPA–R04–OAR–
2008–0116.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9042.
Ms. Harder can also be reached via
electronic mail at harder.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
rfrederick on PROD1PC67 with RULES
I. EPA’s Action
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA’s Action
EPA is approving a SIP revision
submitted by the GA DNR, through GA
EPD on December 28, 2007, pertaining
to rules for Georgia’s enhanced I/M
program. The changes include changes
to Georgia’s Air Quality Rules, found at
Chapters 391–3–20–.17 ‘‘Waivers,’’
subparagraph (2)(a). These revisions
became State effective on September 26,
2007.
II. Analysis of the State’s Submittal
Rule 391–3–20–.17 ‘‘Waivers,’’ is
being revised to update the set dollar
amount for repair costs that may qualify
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14:39 May 02, 2008
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for a waiver from the inspection
requirements for the 2008 test year.
Specifically, for the 2008 test year, the
waiver limit is revised from $738 to
$755, of qualifying repairs. For vehicles
which otherwise qualify for waivers
during the 2007 test year, the waiver
limit is revised from $710 to $738, of
qualifying repairs. These revisions,
which Georgia submits on an annual
basis, are based upon consumer price
index data, as published by the Federal
Bureau of Labor Statistics (see, CAA
section 182(c)(3)(C)(iii)). This change
does not impose any additional cost to
the regulated industry or the public.
Additionally, this change has no effect
on the emissions reductions claimed in
the SIP.
III. Final Action
EPA is taking direct final action to
approve the aforementioned revisions,
specifically, Chapters 391–3–20–.17
subparagraph (2)(a) into the Georgia SIP.
These revisions were submitted by GA
EPD on December 28, 2007.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective July 7, 2008
without further notice unless the
Agency receives adverse comments by
June 4, 2008.
If EPA receives such comments, EPA
will then publish a document
withdrawing the direct final rule and
informing the public that such rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on July 7, 2008 and
no further action will be taken on the
proposed rule.
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
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24501
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
(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 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
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 is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 CAA. 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
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 7, 2008. 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).)
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 17 2008.
Russell L. Wright, Jr.
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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 L—Georgia
2. Section 52.570(c) is amended by
revising the entry for ‘‘391–3–20’’ to
read as follows:
I
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
*
391–3–20 ........................
*
09/26/2007
*
05/05/2008 [Insert citation of publication].
*
*
*
Enhanced inspection and Maintenance ...................
*
*
*
*
*
*
*
*
[FR Doc. E8–9735 Filed 5–2–08; 8:45 am]
BILLING CODE 6560–50–M
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[CS Docket No. 00–96; FCC 08–86]
Carriage of Digital Television
Broadcast Signals; Implementation of
the Satellite Home Viewer
Improvement Act of 1999: Local
Broadcast Signal Carriage Issues and
Retransmission Consent Issues
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
rfrederick on PROD1PC67 with RULES
EPA approval date
SUMMARY: The actions taken in this
document represent another step in the
Commission’s ongoing efforts to
complete the transition from analog to
digital television. In this document, we
amend the rules to require satellite
carriers to carry digital-only stations
upon request in markets in which they
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*
*
are providing any local-into-local
service pursuant to the statutory
copyright license, and to require
carriage of all high definition (‘‘HD’’)
signals in a market in which any
station’s signals are carried in HD.
DATES: Effective June 4, 2008, except the
amendments to 47 CFR 76.66(b)(1) and
47 CFR 76.66(d)(2)(vi), which contain
new information collection
requirements under the PRA and shall
not be effective until the FCC publishes
a document in the Federal Register
announcing OMB approval of the
effective date of these information
collections.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit
comments, identified by CS Docket No.
00–96, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
People with Disabilities: Contact the
FCC to request reasonable
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*
Explanation date
*
*
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
In addition to filing comments with
the Office of the Secretary, a copy of any
comments on the Paperwork Reduction
Act information collection requirements
contained herein should be submitted to
Cathy Williams, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554, or
via the Internet to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
more information on this proceeding,
please contact Lyle Elder,
Lyle.Elder@fcc.gov, or Eloise Gore,
Eloise.Gore@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120. For additional information
concerning the Paperwork Reduction
Act information collection requirements
contained in this document, contact
Cathy Williams on (202) 418–2918, or
via the Internet at PRA@fcc.gov.
E:\FR\FM\05MYR1.SGM
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Agencies
[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Rules and Regulations]
[Pages 24500-24502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9735]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0116-200807a; FRL-8560-3]
Approval and Promulgation of Implementation Plans; Georgia:
Enhanced Inspection and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Georgia State Implementation
Plan (SIP), submitted by the Georgia Department of Natural Resources
(GA DNR), through the Georgia Environmental Protection Division (GA
EPD), on December 28, 2007. The revisions include minor changes to
Georgia's Air Quality Rules found at Chapter 391-3-20-.17, pertaining
to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M
was required for 1-hour ozone nonattainment areas classified as serious
and above, under the Clean Air Act (CAA). The enhanced I/M program is
not a required measure for Atlanta for the 8-hour ozone standard
pursuant to the CAA because the area is classified as a moderate
nonattainment area (73 FR 12013). However, the enhanced I/M program was
approved into the SIP for the 1-hour ozone standard and will remain in
the SIP until such time that the State removes the requirement. To
remove the requirement from the SIP, the State would have to make a
demonstration that removal of this program would not interfere with or
delay attainment, consistent with section 110(1) of the CAA. The I/M
program is a way to ensure that vehicles are maintained properly and
verify that the emission control system is operating correctly, in
order to reduce vehicle-related emissions. This action is being taken
pursuant to section 110 of the CAA.
DATES: This direct final rule is effective July 7, 2008 without further
notice, unless EPA receives adverse comment by June 4, 2008. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2008-0116,'' by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2008-0116,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2008-0116.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be
[[Page 24501]]
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket visit
the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
harder.stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA's Action
EPA is approving a SIP revision submitted by the GA DNR, through GA
EPD on December 28, 2007, pertaining to rules for Georgia's enhanced I/
M program. The changes include changes to Georgia's Air Quality Rules,
found at Chapters 391-3-20-.17 ``Waivers,'' subparagraph (2)(a). These
revisions became State effective on September 26, 2007.
II. Analysis of the State's Submittal
Rule 391-3-20-.17 ``Waivers,'' is being revised to update the set
dollar amount for repair costs that may qualify for a waiver from the
inspection requirements for the 2008 test year. Specifically, for the
2008 test year, the waiver limit is revised from $738 to $755, of
qualifying repairs. For vehicles which otherwise qualify for waivers
during the 2007 test year, the waiver limit is revised from $710 to
$738, of qualifying repairs. These revisions, which Georgia submits on
an annual basis, are based upon consumer price index data, as published
by the Federal Bureau of Labor Statistics (see, CAA section
182(c)(3)(C)(iii)). This change does not impose any additional cost to
the regulated industry or the public. Additionally, this change has no
effect on the emissions reductions claimed in the SIP.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, Chapters 391-3-20-.17 subparagraph (2)(a) into
the Georgia SIP. These revisions were submitted by GA EPD on December
28, 2007.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective July 7, 2008
without further notice unless the Agency receives adverse comments by
June 4, 2008.
If EPA receives such comments, EPA will then publish a document
withdrawing the direct final rule and informing the public that such
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period. Parties interested in
commenting should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on July 7, 2008
and no further action will be taken on the proposed rule.
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 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 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 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 is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. 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
[[Page 24502]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 7, 2008. 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 17 2008.
Russell L. Wright, Jr.
Acting Regional Administrator, Region 4.
40 CFR part 52 is 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 L--Georgia
0
2. Section 52.570(c) is amended by revising the entry for ``391-3-20''
to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanation date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-20...................... Enhanced inspection 09/26/2007 05/05/2008
and Maintenance. [Insert
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-9735 Filed 5-2-08; 8:45 am]
BILLING CODE 6560-50-M