Designation of Areas for Air Quality Planning Purposes; California; Ventura Ozone Nonattainment Area; Reclassification to Serious, 29073-29075 [E8-11294]
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Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations
days of its date, then the accrual period
shall end on the date of the actual
receipt by the Copyright Office.
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I 3. Amend § 201.17 by adding
paragraph (i)(4) to read as follows:
§ 201.17 Statements of account covering
compulsory licenses for secondary
transmissions by cable systems.
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(i) * * *
(4) Royalty fee payments submitted as
a result of late or amended filings shall
include interest. Interest shall begin to
accrue beginning on the first day after
the close of the period for filing
statements of account for all late
payments and underpayments of
royalties for the cable statutory license
occurring within that accounting period.
The accrual period shall end on the date
the electronic payment submitted by a
cable operator is received. The accrual
period shall end on the date the
electronic payment submitted by a
satellite carrier is received by the
Copyright Office. In cases where a
waiver of the electronic funds transfer
requirement is approved by the
Copyright Office, and royalties
payments are either late or underpaid,
the accrual period shall end on the date
the payment is postmarked. If the
payment is not received by the
Copyright Office within five business
days of its date, then the accrual period
shall end on the date of the actual
receipt by the Copyright Office.
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I 4. Revise § 201.28(l))(1) to read as
follows:
§ 201.28 Statements of account for digital
audio recording devices or media.
jlentini on PROD1PC65 with RULES
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(l) * * *
(1) Royalty payments submitted as a
result of late payments or
underpayments shall include interest,
which shall begin to accrue on the first
day after the close of the period for
filing Statements of Account for all late
payments or underpayments of royalties
for the digital audio recording obligation
occurring within that accounting period.
The accrual period shall end on the date
the electronic payment submitted by the
remitter is received. In cases where a
waiver of the electronic funds transfer
requirement is approved by the
Copyright Office, and royalties
payments are either late or underpaid,
the accrual period shall end on the date
the payment is postmarked. If the
payment is not received by the
Copyright Office within five business
days of its date, then the accrual period
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shall end on the date of the actual
receipt by the Copyright Office.
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Dated: April 30, 2008.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. E8–11274 Filed 5–19–08; 8:45 am]
BILLING CODE 1410–30–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2008–0435; FRL–8568–3]
Designation of Areas for Air Quality
Planning Purposes; California; Ventura
Ozone Nonattainment Area;
Reclassification to Serious
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: Effective June 15, 2004, EPA
classified the Ventura County ozone
nonattainment area as ‘‘subpart 2/
moderate’’ for the 8-hour ozone
standard with an attainment date of no
later than June 15, 2010. On February
14, 2008, the California Air Resources
Board submitted a request for
reclassification of the Ventura County
ozone nonattainment area from
‘‘moderate’’ to ‘‘serious.’’ Under section
181(b)(3) of the Clean Air Act, EPA is
granting California’s request for
voluntary reclassification of the Ventura
County ozone nonattainment area to
‘‘serious’’ in today’s document.
DATES: Effective Date: This rule is
effective on June 19, 2008.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2008–0435 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., confidential
business information). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Dave Jesson, Air Planning Office (AIR–
2), U.S. Environmental Protection
PO 00000
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29073
Agency, Region IX, (415) 972–3957,
jesson.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
I. Reclassification of Ventura County to
Serious Ozone Nonattainment
Effective June 15, 2004, we classified
the Ventura County ozone
nonattainment area under the Clean Air
Act (‘‘Act’’ or CAA) as ‘‘subpart 2/
moderate’’ for the 8-hour ozone national
ambient air quality standard (NAAQS).
See 69 FR 23858, at 23889 (April 30,
2004); and 40 CFR 81.305. Our
classification of Ventura County as a
‘‘moderate’’ ozone nonattainment area
establishes a requirement that the area
attain the 8-hour ozone NAAQS as
expeditiously as practicable, but no later
than six years from designation, i.e.,
June 15, 2010. By letter dated February
14, 2008, the Executive Officer for the
California Air Resources Board (CARB)
submitted a request to reclassify three
California areas designated
nonattainment for the 8-hour ozone
standard. Ventura was one of the three
areas, and for the Ventura County ozone
nonattainment area, CARB has
requested reclassification from
‘‘moderate’’ to ‘‘serious.’’ We are acting
on the request for Ventura in today’s
document. In a separate document, we
will propose a schedule for required
plan submittals for Ventura County
under the new classification.
We will also act on the requests for
the other two areas listed in CARB’s
February 14, 2008 letter, as well as the
reclassification requests previously
received from CARB for the San Joaquin
Valley, South Coast, and Coachella
Valley ozone nonattainment areas, in a
separate document. We are deferring
action on the State’s reclassification
requests for the five other areas to allow
for notification to, and the opportunity
for consultation with, the Indian tribes
located within the five areas. No Indian
tribes are located within Ventura
County. In the separate document, we
will also propose schedules for required
plan submittals under the new
classifications for these areas.
We are reviewing this request as one
made pursuant to section 181(b)(3) of
the Act which provides for ‘‘voluntary
reclassification’’ and states: ‘‘The
Administrator shall grant the request of
any State to reclassify a nonattainment
area in that State in accordance with
table 1 of subsection (a) of this section
to a higher classification. The
Administrator shall publish a notice in
the Federal Register of any such request
and of action by the Administrator
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29074
Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
granting the request.’’ While section 181
relates to the 1-hour ozone NAAQS, the
same option exists with respect to the 8hour ozone NAAQS. See 40 CFR
51.903(b) (‘‘A State may request a higher
classification for any reason in
accordance with section 181(b)(3) of the
CAA.’’). We find that the plain language
of section 181(b)(3) mandates that we
approve such a request, and, as such,
EPA is granting CARB’s request for
voluntary reclassification under section
181(b)(3) for the Ventura County ozone
nonattainment area from ‘‘moderate’’ to
‘‘serious’’ in today’s document. As a
result of this action, Ventura County
must now attain the 8-hour ozone
NAAQS as expeditiously as practicable,
but not later than nine years from
designation, i.e., June 15, 2013.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
‘‘impracticable, unnecessary or contrary
to the public interest.’’ EPA has
determined that public notice and
comment for today’s action is
unnecessary because our action to
approve voluntary reclassification
requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance
and in its content. As such, notice and
comment rulemaking procedures would
serve no useful purpose.
II. 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. EPA
has determined that the voluntary
reclassification would not result in any
of the effects identified in Executive
Order 12866 section 3(f). Voluntary
reclassifications under section 181(b)(3)
of the CAA are based solely upon
request by the State and EPA is required
under the CAA to grant them. These
actions do not, in and of themselves,
impose any new requirements on any
sector of the economy. In addition,
because the statutory requirements are
clearly defined with respect to the
differently classified areas, and because
those requirements are automatically
triggered by classification,
reclassification cannot be said to impose
a materially adverse impact on State,
local or tribal governments or
communities. For this reason, this
action is also not subject to Executive
Order 13211, ‘‘Actions Concerning
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Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001).
In addition, I certify 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.). This action 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), because EPA is required
to grant requests by States for voluntary
reclassifications and such
reclassifications in and of themselves do
not impose any federal
intergovernmental mandate. 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).
Because EPA is required to grant
requests by States for voluntary
reclassifications and such
reclassifications in and of themselves do
not impose any federal
intergovernmental mandate, this action
also does not have Federalism
implications as 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 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. As discussed
above, a voluntary reclassification under
section 181(b)(3) of the CAA is based
solely on the request of a State and EPA
is required to grant such a request. In
this context, it would thus be
inconsistent with applicable law for
EPA, when it grants a State’s request for
a voluntary reclassification, to use
voluntary consensus standards. 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
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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 July 21, 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 81
Environmental protection, Air
pollution control, Intergovernmental
relations, National parks, Ozone,
Wilderness areas.
Dated: May 13, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
Part 81, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart C—[Amended]
2. Section 81.305 is amended in the
table for ‘‘California-Ozone (8-Hour
Standard)’’ by revising the entry for
‘‘Ventura County, CA’’ to read as
follows:
I
§ 81.305
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California.
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29075
Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations
CALIFORNIA-OZONE (8-HOUR STANDARD)
Designation a
Classification
Designated area
Date 1
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Ventura County, CA:
Ventura County (part)—That part of Ventura County excluding the Channel Islands of Anacapa and San Nicolas Islands.
Remainder of County ...................................
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Date 1
Type
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................................
Nonattainment .............
................................
Type
*
Unclassifiable/Attainment.
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6/19/08 ...................
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Subpart 2/Serious.
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.*
date is June 15, 2004, unless otherwise noted.
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[FR Doc. E8–11294 Filed 5–19–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13 and 22
[FWS–R9–MB–2008–0057; 91200–1231–
9BPP–L2]
RIN 1018–AV11
Authorizations Under the Bald and
Golden Eagle Protection Act for Take
of Eagles
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: These final regulations
provide two mechanisms to authorize
take under the Bald and Golden Eagle
Protection Act (Eagle Act) by certain
persons who have been authorized
under the Endangered Species Act
(ESA) to take bald eagles (Haliaeetus
leucocephalus) and golden eagles
(Aquila chrysaetos).
DATES: This rule goes into effect on June
19, 2008.
FOR FURTHER INFORMATION CONTACT:
Eliza Savage, Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive,
Mailstop 4107, Arlington, VA 22203–
1610; or 703–358–2329.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
Background
The Bald and Golden Eagle Protection
Act (16 U.S.C. 668–668d) (Eagle Act)
prohibits the take of bald eagles and
golden eagles unless pursuant to
regulations (and in the case of bald
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16:52 May 19, 2008
Jkt 214001
eagles, take can be authorized only
under a permit). While the bald eagle
was listed under the ESA (16 U.S.C.
1531 et seq.), we authorized incidental
take of bald eagles through take
statements under ESA section 7 and
through section 10 incidental take
permits (50 CFR 402, Subparts A and B;
50 CFR 17.22(b) and 17.32(b)). Those
authorizations were issued with
assurances that the Service would
exercise enforcement discretion in
relation to violations of the Eagle Act
(16 U.S.C. 668–668d) and the Migratory
Bird Treaty Act (16 U.S.C. 703–712)
(MBTA). Since the bald eagle has been
removed from the ESA’s List of
Endangered and Threatened Wildlife
throughout most of its range (see 72 FR
37345, July 9, 2007 and 73 FR 23966,
May 1, 2008), the prohibitions of the
ESA no longer apply except to the
Sonoran Desert nesting bald eagle
population. However, the potential for
human activities to violate Federal law
by taking bald eagles (and golden eagles)
remains under the prohibitions of the
Eagle Act and the MBTA. The Eagle Act
defines the ‘‘take’’ of an eagle to include
a broad range of actions: ‘‘pursue, shoot,
shoot at, poison, wound, kill, capture,
trap, collect, or molest or disturb.’’
‘‘Disturb’’ is defined in our regulations
at 50 CFR 22.3 as ‘‘to agitate or bother
a bald or golden eagle to a degree that
causes, or is likely to cause, based on
the best scientific information available,
(1) injury to an eagle, (2) a decrease in
its productivity, by substantially
interfering with normal breeding,
feeding, or sheltering behavior, or (3)
nest abandonment, by substantially
interfering with normal breeding,
feeding, or sheltering behavior.’’ Many
actions that were considered likely to
incidentally ‘‘take’’ (harm or harass)
eagles under the ESA may also ‘‘take’’
eagles under the Eagle Act, as those
PO 00000
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terms have been defined by statute and
regulation.
The ESA provides broad substantive
and procedural protections for listed
species but at the same time allows
significant flexibility to permit activities
that affect listed species. In particular,
sections 7(b)(4) and 10(a)(1)(B) of the
ESA provide that we may authorize the
incidental take of listed wildlife in the
course of otherwise lawful activities.
Nationwide, since 2002, the Service
issued an average of 52 incidental take
statements per year that covered
anticipated take of bald eagles under the
ESA’s section 7 (50 CFR 402, Subpart
B). During that same 5-year period, we
issued nine incidental take permits that
included bald eagles under the ESA’s
section 10(a)(1)(B). A total of 126 such
incidental take permits have been
issued for bald eagles and 12 incidental
take permits include golden eagles as
covered, non-listed species (50 CFR
17.22(b) and 17.32(b)). The statutory
and regulatory criteria for issuing those
ESA authorizations included
minimization, mitigation, or other
conservation measures that also
satisfied the statutory mandate under
that Eagle Act that authorized take must
be compatible with the preservation of
the bald or golden eagle. Our practice
was to provide assurances in each
section 7 incidental take statement and
section 10 permit that we would not
refer the incidental take of a bald eagle
for prosecution under the Eagle Act, if
the take was in compliance with the
terms and conditions of a section 7(b)(4)
incidental take statement or the
conditions of a section 10(a)(1)(B)
incidental take permit. 1 Now that the
1 Compliance with the conditions of a section
10(a)(1)(B) permit entails compliance with the
terms of the associated Habitat Conservation Plan
and Implementing Agreement (if applicable).
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]]>Agencies
[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Rules and Regulations]
[Pages 29073-29075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11294]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2008-0435; FRL-8568-3]
Designation of Areas for Air Quality Planning Purposes;
California; Ventura Ozone Nonattainment Area; Reclassification to
Serious
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Effective June 15, 2004, EPA classified the Ventura County
ozone nonattainment area as ``subpart 2/moderate'' for the 8-hour ozone
standard with an attainment date of no later than June 15, 2010. On
February 14, 2008, the California Air Resources Board submitted a
request for reclassification of the Ventura County ozone nonattainment
area from ``moderate'' to ``serious.'' Under section 181(b)(3) of the
Clean Air Act, EPA is granting California's request for voluntary
reclassification of the Ventura County ozone nonattainment area to
``serious'' in today's document.
DATES: Effective Date: This rule is effective on June 19, 2008.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0435 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g.,
confidential business information). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Dave Jesson, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3957,
jesson.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
I. Reclassification of Ventura County to Serious Ozone Nonattainment
Effective June 15, 2004, we classified the Ventura County ozone
nonattainment area under the Clean Air Act (``Act'' or CAA) as
``subpart 2/moderate'' for the 8-hour ozone national ambient air
quality standard (NAAQS). See 69 FR 23858, at 23889 (April 30, 2004);
and 40 CFR 81.305. Our classification of Ventura County as a
``moderate'' ozone nonattainment area establishes a requirement that
the area attain the 8-hour ozone NAAQS as expeditiously as practicable,
but no later than six years from designation, i.e., June 15, 2010. By
letter dated February 14, 2008, the Executive Officer for the
California Air Resources Board (CARB) submitted a request to reclassify
three California areas designated nonattainment for the 8-hour ozone
standard. Ventura was one of the three areas, and for the Ventura
County ozone nonattainment area, CARB has requested reclassification
from ``moderate'' to ``serious.'' We are acting on the request for
Ventura in today's document. In a separate document, we will propose a
schedule for required plan submittals for Ventura County under the new
classification.
We will also act on the requests for the other two areas listed in
CARB's February 14, 2008 letter, as well as the reclassification
requests previously received from CARB for the San Joaquin Valley,
South Coast, and Coachella Valley ozone nonattainment areas, in a
separate document. We are deferring action on the State's
reclassification requests for the five other areas to allow for
notification to, and the opportunity for consultation with, the Indian
tribes located within the five areas. No Indian tribes are located
within Ventura County. In the separate document, we will also propose
schedules for required plan submittals under the new classifications
for these areas.
We are reviewing this request as one made pursuant to section
181(b)(3) of the Act which provides for ``voluntary reclassification''
and states: ``The Administrator shall grant the request of any State to
reclassify a nonattainment area in that State in accordance with table
1 of subsection (a) of this section to a higher classification. The
Administrator shall publish a notice in the Federal Register of any
such request and of action by the Administrator
[[Page 29074]]
granting the request.'' While section 181 relates to the 1-hour ozone
NAAQS, the same option exists with respect to the 8-hour ozone NAAQS.
See 40 CFR 51.903(b) (``A State may request a higher classification for
any reason in accordance with section 181(b)(3) of the CAA.''). We find
that the plain language of section 181(b)(3) mandates that we approve
such a request, and, as such, EPA is granting CARB's request for
voluntary reclassification under section 181(b)(3) for the Ventura
County ozone nonattainment area from ``moderate'' to ``serious'' in
today's document. As a result of this action, Ventura County must now
attain the 8-hour ozone NAAQS as expeditiously as practicable, but not
later than nine years from designation, i.e., June 15, 2013.
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are ``impracticable, unnecessary or contrary to the
public interest.'' EPA has determined that public notice and comment
for today's action is unnecessary because our action to approve
voluntary reclassification requests under CAA section 181(b)(3) is
nondiscretionary both in its issuance and in its content. As such,
notice and comment rulemaking procedures would serve no useful purpose.
II. 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. EPA has
determined that the voluntary reclassification would not result in any
of the effects identified in Executive Order 12866 section 3(f).
Voluntary reclassifications under section 181(b)(3) of the CAA are
based solely upon request by the State and EPA is required under the
CAA to grant them. These actions do not, in and of themselves, impose
any new requirements on any sector of the economy. In addition, because
the statutory requirements are clearly defined with respect to the
differently classified areas, and because those requirements are
automatically triggered by classification, reclassification cannot be
said to impose a materially adverse impact on State, local or tribal
governments or communities. 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).
In addition, I certify 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.). This action 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), because EPA is required to grant requests by States
for voluntary reclassifications and such reclassifications in and of
themselves do not impose any federal intergovernmental mandate. 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).
Because EPA is required to grant requests by States for voluntary
reclassifications and such reclassifications in and of themselves do
not impose any federal intergovernmental mandate, this action also does
not have Federalism implications as 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 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. As
discussed above, a voluntary reclassification under section 181(b)(3)
of the CAA is based solely on the request of a State and EPA is
required to grant such a request. In this context, it would thus be
inconsistent with applicable law for EPA, when it grants a State's
request for a voluntary reclassification, to use voluntary consensus
standards. 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 July 21, 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 81
Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Ozone, Wilderness areas.
Dated: May 13, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
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. Section 81.305 is amended in the table for ``California-Ozone (8-
Hour Standard)'' by revising the entry for ``Ventura County, CA'' to
read as follows:
Sec. 81.305 California.
* * * * *
[[Page 29075]]
California-Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Ventura County, CA:
Ventura County (part)--That part ................................ Nonattainment.......... 6/19/08........................ Subpart 2/Serious.
of Ventura County excluding the
Channel Islands of Anacapa and
San Nicolas Islands.
Remainder of County............. ................................ Unclassifiable/
Attainment.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.*
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E8-11294 Filed 5-19-08; 8:45 am]
BILLING CODE 6560-50-P
