Approval and Promulgation of Air Quality Implementation Plans; the Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard, 1146-1148 [E8-31305]
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1146
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
middle, 1 square foot; and inboard, 2.5
square feet).
3. Seats do not have to meet the test
requirements of Title 14 CFR part 25,
Appendix F, parts IV and V, when
installed in compartments that are not
otherwise required to meet these
requirements. Examples include:
a. Airplanes with passenger capacities
of 19 or less,
b. Airplanes that do not have § 25.853,
Amendment 25–61 or later, in their
certification basis and do not need to
comply with the requirements of 14 CFR
121.312, and
c. Airplanes exempted from § 25.853,
Amendment 25–61 or later.
Issued in Renton, Washington, on
December 24, 2008.
Linda Navarro,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–328 Filed 1–9–09; 8:45 am]
BILLING CODE 4910–13–P
List of Subjects in 21 CFR Part 520
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
21 CFR Part 520
[Docket No. FDA–2008–N–0039]
Oral Dosage Form New Animal Drugs;
Phenylbutazone Tablets and Boluses
Food and Drug Administration,
HHS.
dwashington3 on PROD1PC60 with RULES
ACTION:
1. The authority citation for 21 CFR
part 520 continues to read as follows:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by First
Priority, Inc. The supplemental
application provides for revising the
description of a 1-gram oral dosage form
of phenylbutazone from tablet to bolus.
DATES: This rule is effective January 12,
2009.
FOR FURTHER INFORMATION CONTACT:
Melanie R. Berson, Center for Veterinary
Medicine (HFV–110), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8337, email: melanie.berson@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: First
Priority, Inc., 1585 Todd Farm Dr.,
Elgin, IL 60123, filed a supplement to
NADA 48–647 for the veterinary
prescription use of PRIBUTAZONE
(phenylbutazone) Tablets in horses for
the relief of inflammatory conditions
associated with the musculoskeletal
system. The supplemental application
provides for revising the description of
15:14 Jan 09, 2009
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
■
Final rule.
VerDate Nov<24>2008
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
■
Food and Drug Administration
AGENCY:
this 1-gram oral dosage form of
phenylbutazone from tablet to bolus.
The supplemental NADA is approved as
of December 10, 2008, and 21 CFR
520.1720a is amended to reflect the
approval.
Approval of this supplemental NADA
did not require review of additional
safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
The agency has determined under 21
CFR 25.33(d)(1) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
Jkt 217001
Authority: 21 U.S.C. 360b.
2. In § 520.1720a, revise paragraphs
(a) and (b)(3); and add paragraph (b)(6)
to read as follows:
■
§ 520.1720a
boluses.
Phenylbutazone tablets and
(a) Specifications. Each tablet
contains 100, 200, or 400 milligrams
(mg), or 1 gram (g) of phenylbutazone.
Each bolus contains 1, 2, or 4 gram g of
phenylbutazone.
(b) * * *
(3) Nos. 000856 and 061623 for use of
100-mg or 1-g tablets in dogs and horses.
*
*
*
*
*
(6) No. 058829 for use of 100-mg or
1-g tablets in dogs and horses, or 1-g
boluses in horses.
*
*
*
*
*
Dated: January 5, 2009.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. E9–265 Filed 1–9–09; 8:45 am]
BILLING CODE 4160–01–S
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0736; FRL–8759–7]
Approval and Promulgation of Air
Quality Implementation Plans; the
Metropolitan Washington
Nonattainment Area; Determination of
Attainment of the Fine Particle
Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is determining that the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 fine
particle (PM2.5) National Ambient Air
Quality Standard (NAAQS) has attained
the 1997 PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on January 12, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0736. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (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 through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Melissa Linden, (215) 814–2096, or by
e-mail at linden.melissa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is determining that the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
E:\FR\FM\12JAR1.SGM
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
NAAQS. This determination is based
upon quality assured, quality controlled
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 PM2.5 NAAQS
since the 2004–2006 monitoring period,
and monitoring data that continue to
show attainment of the 1997 PM2.5
NAAQS based on the 2005–2007 data.
In addition, quality controlled and
quality assured monitoring data
submitted during the calendar year
2008, which are available in the EPA
Air Quality System (AQS) database, but
not yet certified, show this area
continues to attain the 1997 PM2.5
NAAQS.
Other specific requirements of the
determination and the rationale for
EPA’s proposed action are explained in
the notice of proposed rulemaking
(NPR) published on October 22, 2008
(73 FR 62945) and will not be restated
here. A public comment was received
supporting the determination proposed
in the NPR.
dwashington3 on PROD1PC60 with RULES
II. What Is the Effect of This Action?
This final action, in accordance with
40 CFR 51.1004(c), suspends the
requirements for this area to submit
attainment demonstrations and
associated reasonably available control
measures, reasonable further progress
plans, contingency measures, and other
planning state implementation plans
(SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area
continues to attain the 1997 PM2.5
NAAQS.
III. When Is the Action Effective?
EPA finds that there is good cause for
this approval to become effective on the
date of publication of this action in the
Federal Register, because a delayed
effective date is unnecessary due to the
nature of the approval. The expedited
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that rule
actions may become effective less than
30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction’’ and 5 U.S.C.
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ As noted above, this
determination of attainment suspends
the requirements for the Washington
Metropolitan nonattainment area to
submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and any other planning SIPs related to
attainment of the standard for so long as
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
the area continues to attain the 1997
PM2.5 NAAQS. The suspension of these
requirements is sufficient reason to
allow an expedited effective date of this
rule under 5 U.S.C. 553(d)(1). In
addition, the Metropolitan Washington,
DC–MD–VA nonattainment area’s
suspension from these requirements
provide good cause to make this rule
effective on the date of publication of
this action in the Federal Register,
pursuant to 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period
prescribed in 5 U.S.C. 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Where, as
here, the final rule suspends
requirements rather than imposing
obligations, affected parties, such as the
Commonwealth of Virginia, the District
of Columbia and the State of Maryland
do not need time to adjust and prepare
before the rule takes effect.
IV. Final Action
EPA is determining that the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination is based
upon quality assured, quality
controlled, and certified ambient air
monitoring data that show that the area
has monitored attainment of the 1997
PM2.5 NAAQS since the 2004–2006
monitoring period, and continues to
monitor attainment of the standard
based on the 2005–2007 data. This final
action, in accordance with 40 CFR
51.1004(c), will suspend the
requirements for this area to submit
attainment demonstrations and
associated reasonably available control
measures, reasonable further progress
plans, contingency measures, and other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS for so long as
the area continues to attain the 1997
PM2.5 NAAQS.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is 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 makes a
determination based on air quality data,
and would, if finalized, result in the
suspension of certain Federal
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1147
requirements. 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 makes a determination based on air
quality data, and results in the
suspension of certain Federal
requirements, 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
applications 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), because it merely
makes a determination based on air
quality data and results in the
suspension of certain Federal
requirements, 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’’ (62 FR 19885, April 23, 1997)
because it determines that air quality in
the affected area is meeting Federal
standards.
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 because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that other wise
satisfy the provisions of the CAA.
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.).
Under Executive Order 12898, EPA
finds that this rule involves a
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
E:\FR\FM\12JAR1.SGM
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
including minority and low-income
communities.
§ 52.477
matter.
B. Submission to Congress and the
Comptroller General
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the District of Columbia portion of the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
the area continues to attain the 1997
PM2.5 NAAQS.
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 action 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).
Control strategy: Particulate
Subpart V—Maryland
3. Section 52.1081 is added to read as
follows:
■
Control strategy: Particulate
the area continues to attain the 1997
PM2.5 NAAQS.
[FR Doc. E8–31305 Filed 1–9–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2007–0915; FRL–8747–7]
Approval and Promulgation of State
Implementation Plans: Oregon; Salem
Carbon Monoxide Nonattainment Area;
Designation of Areas for Air Quality
Planning Purposes
Correction
In rule document E8–30825 beginning
on page 79655 in the issue of Tuesday,
December 30, 2008, make the following
corrections:
1. On page 79655, in the third
column, in the DATES section, in the
fourth line, ‘‘January 29, 2008’’ should
read ‘‘January 29, 2009’’.
C. Petitions for Judicial Review
§ 52.1081
matter.
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 March 13, 2009. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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, pertaining to the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the Maryland portion of the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
the area continues to attain the 1997
PM2.5 NAAQS.
§81.338
Subpart VV—Virginia
[Docket No. 070717349–81641–03]
List of Subjects in 40 CFR Part 52
Dated: December 19, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
dwashington3 on PROD1PC60 with RULES
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. Section 52.477 is added to read as
follows:
■
VerDate Nov<24>2008
15:14 Jan 09, 2009
Jkt 217001
[FR Doc. Z8–30825 Filed 1–9–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622 and 640
RIN 0648–AV61
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
■
[Corrected]
2. On page 79661, in § 81.338, in the
table ‘‘OREGON—CARBON
MONOXIDE’’, in the ‘‘Date’’ column,
both instances of ‘‘3/2/08’’ should read
‘‘3/2/09’’
4. Section 52.2429 is added to read as
follows:
■
§ 52.2429
matter.
Control strategy: Particulate
Determination of Attainment. EPA
has determined, as of January 12, 2009,
the Virginia portion of the Metropolitan
Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 52.1004(c),
suspends the requirements for this area
to submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to
attainment of the standard for as long as
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Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendments to the Spiny Lobster
Fishery Management Plans for the
Caribbean and Gulf of Mexico and
South Atlantic
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 4 to the Fishery
Management Plan for the Spiny Lobster
Fishery of Puerto Rico and the U.S.
Virgin Islands (Caribbean FMP)
prepared by the Caribbean Fishery
Management Council (Caribbean
E:\FR\FM\12JAR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Rules and Regulations]
[Pages 1146-1148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31305]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0736; FRL-8759-7]
Approval and Promulgation of Air Quality Implementation Plans;
the Metropolitan Washington Nonattainment Area; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 fine particle (PM2.5)
National Ambient Air Quality Standard (NAAQS) has attained the 1997
PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on January 12,
2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0736. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5
[[Page 1147]]
NAAQS. This determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 PM2.5 NAAQS since the
2004-2006 monitoring period, and monitoring data that continue to show
attainment of the 1997 PM2.5 NAAQS based on the 2005-2007
data. In addition, quality controlled and quality assured monitoring
data submitted during the calendar year 2008, which are available in
the EPA Air Quality System (AQS) database, but not yet certified, show
this area continues to attain the 1997 PM2.5 NAAQS.
Other specific requirements of the determination and the rationale
for EPA's proposed action are explained in the notice of proposed
rulemaking (NPR) published on October 22, 2008 (73 FR 62945) and will
not be restated here. A public comment was received supporting the
determination proposed in the NPR.
II. What Is the Effect of This Action?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit attainment demonstrations and
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning state
implementation plans (SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area continues to attain the
1997 PM2.5 NAAQS.
III. When Is the Action Effective?
EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As noted above, this
determination of attainment suspends the requirements for the
Washington Metropolitan nonattainment area to submit an attainment
demonstration and associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and any other
planning SIPs related to attainment of the standard for so long as the
area continues to attain the 1997 PM2.5 NAAQS. The
suspension of these requirements is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In
addition, the Metropolitan Washington, DC-MD-VA nonattainment area's
suspension from these requirements provide good cause to make this rule
effective on the date of publication of this action in the Federal
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule suspends
requirements rather than imposing obligations, affected parties, such
as the Commonwealth of Virginia, the District of Columbia and the State
of Maryland do not need time to adjust and prepare before the rule
takes effect.
IV. Final Action
EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show that the area has monitored attainment of the 1997
PM2.5 NAAQS since the 2004-2006 monitoring period, and
continues to monitor attainment of the standard based on the 2005-2007
data. This final action, in accordance with 40 CFR 51.1004(c), will
suspend the requirements for this area to submit attainment
demonstrations and associated reasonably available control measures,
reasonable further progress plans, contingency measures, and other
planning SIPs related to attainment of the 1997 PM2.5 NAAQS
for so long as the area continues to attain the 1997 PM2.5
NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is 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 makes a
determination based on air quality data, and would, if finalized,
result in the suspension of certain Federal requirements. 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
makes a determination based on air quality data, and results in the
suspension of certain Federal requirements, 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 applications 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), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, 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'' (62 FR 19885, April 23,
1997) because it determines that air quality in the affected area is
meeting Federal standards.
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
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that other wise satisfy the provisions of the
CAA.
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.).
Under Executive Order 12898, EPA finds that this rule involves a
determination of attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area,
[[Page 1148]]
including minority and low-income communities.
B. Submission to Congress and the Comptroller General
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 action 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).
C. Petitions for Judicial Review
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 March 13, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, pertaining to the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS, 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: December 19, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
0
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 J--District of Columbia
0
2. Section 52.477 is added to read as follows:
Sec. 52.477 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the District of Columbia portion of the Metropolitan Washington,
DC-MD-VA nonattainment area for the 1997 PM2.5 NAAQS has
attained the 1997 PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration and associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as the area continues to attain the 1997
PM2.5 NAAQS.
Subpart V--Maryland
0
3. Section 52.1081 is added to read as follows:
Sec. 52.1081 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as the area continues to attain the 1997 PM2.5 NAAQS.
Subpart VV--Virginia
0
4. Section 52.2429 is added to read as follows:
Sec. 52.2429 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the Virginia portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as the area continues to attain the 1997 PM2.5 NAAQS.
[FR Doc. E8-31305 Filed 1-9-09; 8:45 am]
BILLING CODE 6560-50-P
