Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Transportation Conformity Requirement for Bernalillo County, 20922-20925 [2010-9196]
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Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations
(b) Enforcement Period. This section
will be enforced from 8 a.m. to 5 p.m.
on April 25, 2010. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, State, and Federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative. Upon being
hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light,
or other means, the operator of a vessel
shall proceed as directed.
(4) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: April 9, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2010–9333 Filed 4–21–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–NM–0007; FRL–
9140–2]
emcdonald on DSK2BSOYB1PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Transportation Conformity
Requirement for Bernalillo County
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action approving a State
Implementation Plan (SIP) revision
submitted by the Governor of New
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15:00 Apr 21, 2010
Jkt 220001
Mexico on December 4, 2008 on behalf
of the Albuquerque Environmental
Health Department (AEHD). This
revision serves to incorporate recent
changes to the Federal conformity rule
into the state conformity SIP for
Bernalillo County, and supersedes
previous revisions submitted by the
Governor of New Mexico on May 15,
2003 and August 4, 2005. EPA is
approving the December 4, 2008
revision in accordance with the
requirements of the Federal Clean Air
Act (CAA).
DATES: This rule is effective on June 21,
2010 without further notice, unless EPA
receives relevant adverse comment by
May 24, 2010. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2005–NM–0007, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2005–
NM–0007. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
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information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://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 https://
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
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.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
City of Albuquerque Environmental
Health Department, Air Quality
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Federal Register / Vol. 75, No. 77 / Thursday, April 22, 2010 / Rules and Regulations
Division, Office of Air Quality, One
Civic Plaza Northwest, Albuquerque,
New Mexico 87103.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–8542; fax number
214–665–7263; e-mail address
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean the
EPA.
Outline
I. What Is Transportation Conformity?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did
We Evaluate It?
IV. Final Action
V. Statutory and Executive Order Reviews
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I. What Is Transportation Conformity?
Transportation conformity is required
under section 176(c) of the Clean Air
Act to ensure that Federally supported
highway, transit projects, and other
activities are consistent with (conform
to) the purpose of the approved SIP.
Conformity currently applies to areas
that are designated nonattainment, and
those areas redesignated to attainment
after 1990 (maintenance areas), with
plans developed under section 175A of
the Clean Air Act for the following
transportation related criteria
pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide
(CO), and nitrogen dioxide (NO2).
Conformity with the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant
National Ambient Air Quality Standards
(NAAQS). The Federal transportation
conformity regulations (Federal Rule)
are found in 40 CFR part 93 and
provisions related to conformity SIPs
are found in 40 CFR 51.390.
II. What Is the Background for This
Action?
The transportation conformity SIP
enables the area to implement and
enforce the Federal transportation
conformity requirements per 40 CFR 51
subpart T and 40 CFR 93 subpart A. The
AEHD initially complied with this
requirement by submitting a SIP to EPA
on December 19, 1994; we approved this
SIP on November 8, 1995 (60 FR 56241).
A revision to the conformity SIP was
submitted on December 9, 1998 and
approved by EPA on July 8, 1999 (64 FR
36786). Since the July 8, 1999 approval,
the Governor of New Mexico has
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15:00 Apr 21, 2010
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submitted three further revisions to the
conformity SIP. The most recent of
these, the December 4, 2008 submittal,
supersedes the previous revisions
submitted on May 15, 2003 and August
4, 2005. These previous revisions were
also made to incorporate Federal
conformity rule changes into the state
conformity SIP for Bernalillo County,
but contained language that was in
conflict with the Federal rules that were
in effect at the time of EPA’s review of
the conformity SIP. Therefore, EPA
could not approve the language in
question. EPA and AEHD agreed that
rather than EPA acting to partially
approve the submittals, AEHD would
develop a subsequent submittal to
supersede the previous submittal,
address the conflicting language, and
capture any revisions made to the
Federal rules in the elapsed time since
state adoption of revisions to the
Bernalillo County transportation
conformity SIP. This approach was
taken on both the August 4, 2005
submittal (to supersede the May 15,
2003 submittal) and the December 4,
2008 submittal (to supersede the August
4, 2005 submittal) to keep pace with
necessary revisions to the Bernalillo
County transportation conformity SIP.
On January 9, 2002, the AEHD
adopted changes to the conformity SIP
to include a definition for Land Use
Measures (LUM) along with
requirements for using LUMs as air
quality credits in conformity
determinations. This revision also
incorporated language regarding an
acceptable Transportation Control
Measure (TCM) substitution process and
provided clarity on when emission
reduction credits for TCMs may be used
in the conformity process. These
revisions were approved by the AEHD
on January 9, 2002 and they were
submitted to EPA by the Governor of
New Mexico on May 15, 2003. EPA did
not take action on these revisions, and
the December 4, 2008 submittal is
intended to supersede these revisions.
On July 1, 2004, EPA published
significant revisions to our conformity
regulations (69 FR 4004) to address
criteria and procedures for the new 8hour ozone and fine particulate (PM2.5)
National Ambient Air Quality Standards
(NAAQS). In the same Federal Register
notice, EPA also addressed a March 2,
1999 ruling by the U.S. Court of Appeals
for the District of Columbia
(Environmental Defense Fund v. EPA, et
al., 167 F. 3d 641 D.C. Cir. 1999); the
July 1 revisions served to bring our
regulatory language in line with this
court decision. The SIP revision package
adopted by the AEHD on May 11, 2005,
and submitted by the Governor of New
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20923
Mexico on August 4, 2005, addressed
these mandatory revisions, as well as
EPA’s August 6, 2002 revision to the
Federal conformity rule (67 FR 50808).
EPA did not take action on these
revisions, and the December 4, 2008
submittal is intended to supersede these
revisions.
On August 10, 2005, the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) was signed into
law. SAFETEA–LU revised certain
provisions of section 176(c) of the Clean
Air Act, related to transportation
conformity. Prior to SAFETEA–LU,
states were required to address all of the
Federal Rule’s provisions in their
conformity SIPs. After SAFETEA–LU,
state’s SIPs were required to contain all
or portions of only the following three
sections of the Federal Rule, modified as
appropriate to each state’s
circumstances: 40 CFR 93.105
(consultation procedures); 40 CFR
93.122(a)(4)(ii) (written commitments to
implement certain kinds of control
measures); and 40 CFR 93.125(c)
(written commitments to implement
certain kinds of mitigation measures).
Pursuant to SAFETEA–LU, states are no
longer required to submit conformity
SIP revisions that address the other
sections of the Federal conformity rule.
However, as with previous SIP
revisions, the AEHD has maintained its
practice of incorporating federal
language into local rules and
customizing such rules to meet the
standard required by the New Mexico
Administrative Code (NMAC) style
guidance, rather than incorporating by
reference the federal rules.
EPA promulgated amendments to the
Federal conformity rule on January 24,
2008 (73 FR 4420). The December 4,
2008 revision serves to update
Albuquerque’s regulations and bring
them in line with these most recent
changes to the Federal conformity rule,
as well as EPA’s May 6, 2005 (70 FR
24279) and March 10, 2006 (71 FR
12467) revisions to the Federal
conformity rule.
III. What Did the State Submit, and
How Did We Evaluate It?
On December 4th, 2008, the Governor
of New Mexico submitted a revision to
the Bernalillo County, New Mexico
State Implementation Plan (SIP) for
Transportation Conformity purposes.
The SIP revision consists of language to
address the three provisions of the EPA
Conformity Rule required under
SAFETEA–LU: 40 CFR 93.105
(consultation procedures); 40 CFR
93.122(a)(4)(ii) (certain control
measures), and 40 CFR 93.125(c)
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emcdonald on DSK2BSOYB1PROD with RULES
(mitigation measures). As previously
stated, the AEHD did not incorporate
the Federal conformity rule by
reference, but submitted language
intended to mirror the content of the
Federal conformity rule, while placing
greater specificity on the roles and
expectations of state and local agencies/
entities which have responsibility for
undertaking transportation conformity
in conjunction with transportation
planning activities along with the three
Federal Agencies (EPA, Federal
Highway Administration, and Federal
Transit Administration) who are
participating members in the conformity
consultation process.
We reviewed the submittal to assure
consistency with the January 2009,
‘‘Guidance for Developing
Transportation Conformity State
Implementation Plans’’. The guidance
document can be found at https://
www.epa.gov/otaq/stateresources/
transconf/policy/420b09001.pdf. The
guidance document states that each
state is only required to address and
tailor the afore-mentioned three sections
of the Federal Conformity Rule in their
state conformity SIPs.
EPA’s review of New Mexico’s
Bernalillo County Transportation
Conformity SIP revision indicates that it
is consistent with EPA’s guidance in
that it included the three elements
specified by SAFETEA–LU and EPA’s
guidance. Consistent with the EPA
Conformity Rule at 40 CFR 93.105
(consultation procedures), NMAC
20.11.3.202 establishes the requirements
for the appropriate agencies, procedures
and allocation of responsibilities as
required under 40 CFR 93.105 for
consultation procedures. In addition,
this chapter provides for appropriate
public consultation/public involvement
consistent with 40 CFR 93.105. With
respect to 40 CFR 93.122(a)(4)(ii) and 40
CFR 93.125(c), NMAC
20.11.3.219(A)(4)(b) and NMAC
20.11.3.222(C) of the executed MOUs
specifies that written commitments for
control measures and mitigation
measures for meeting these
requirements will be provided as
needed.
IV. Final Action
EPA is hereby approving the
Bernalillo County SIP revision for
Transportation Conformity, which was
submitted on December 4, 2008. We
have evaluated the State’s submittal and
have determined that it meets the
applicable requirements of the Clean Air
Act and EPA regulations, and is
consistent with EPA policy. The
December 4, 2008 submission
supersedes the May 15, 2003 and
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15:00 Apr 21, 2010
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August 4, 2005 submissions, so no
action is necessary on these earlier
submissions.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on June 21, 2010 without
further notice unless we receive adverse
comment by May 24, 2010. If we receive
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
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• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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).
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 June 21, 2010.
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 may
not be challenged later in proceedings to
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enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxides, Particulate
matter, Reporting and recordkeeping
requirements, Transportation
conformity, Transportation—air quality
planning, Volatile organic compounds.
Dated: April 9, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
■
Subpart GG—New Mexico
2. The second table in § 52.1620(c)
entitled ‘‘EPA Approved Albuquerque/
Bernalillo County, NM Regulations’’ is
amended by revising the entry for Part
3 (20.11.3 NMAC), Transportation
Conformity, to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1620
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
*
State approval/effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanation
*
New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 11—Albuquerque/Bernalillo County Air Quality
Control Board
*
*
Part 3 (20.11.3 NMAC) ...................
*
*
*
Transportation Conformity ..............
*
*
[FR Doc. 2010–9196 Filed 4–21–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2009–0174; Notice 2]
Petition for Approval of Alternate
Odometer Disclosure Requirements
emcdonald on DSK2BSOYB1PROD with RULES
AGENCY: National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final determination.
SUMMARY: The State of Texas has
petitioned for approval of alternate
requirements to certain requirements
under Federal odometer law. NHTSA is
issuing this final determination granting
Texas’s petition.
DATES: Effective Date: May 24, 2010.
Request for reconsideration due no later
than June 7, 2010.
ADDRESSES: Requests for reconsideration
must be submitted in writing to
Administrator, National Highway
Traffic Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590. Requests should refer to the
docket and notice number above.
VerDate Nov<24>2008
15:00 Apr 21, 2010
Jkt 220001
*
*
*
April 22, 2010 [Insert FR page
number where document begins].
*
*
12/17/2008
*
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT:
Andrew DiMarsico, Office of the Chief
Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590
(Telephone: 202–366–5263) (Fax: 202–
366–3820).
SUPPLEMENTARY INFORMATION:
I. Introduction
Federal odometer law, which is
largely based on the Motor Vehicle
Information and Cost Savings Act (Cost
Savings Act) 1 and the Truth in Mileage
Act of 1986,2 as amended (TIMA),
contains a number of provisions to limit
1 Pub.
2 Pub.
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L. 92–513, 86 Stat 947, 961 (1972).
L. 99–579, 100 Stat. 3309 (1986).
Frm 00029
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*
odometer fraud and assure that the
purchaser of a motor vehicle knows the
true mileage of the vehicle. The Cost
Savings Act requires the Secretary of
Transportation to promulgate
regulations requiring the transferor
(seller) of a motor vehicle to provide a
written statement of the vehicle’s
mileage registered on the odometer to
the transferee (buyer) in connection
with the transfer of ownership. This
written statement is generally referred to
as the odometer disclosure statement.
Further, under TIMA, vehicle titles
themselves must have a space for the
odometer disclosure statement and
States are prohibited from licensing
vehicles unless a valid odometer
disclosure statement on the title is
signed and dated by the transferor.
Titles must also be printed by a secure
printing process or other secure process.
TIMA also contains specific disclosure
provisions on transfers of leased
vehicles. Federal law also contains
document retention requirements for
motor vehicle dealers and lessors.
TIMA’s motor vehicle mileage
disclosure requirements apply in a State
unless the State has alternative
requirements approved by the Secretary.
The Secretary has delegated
administration of the odometer program
to NHTSA. A State may petition NHTSA
for approval of such alternate odometer
disclosure requirements.
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Agencies
[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Rules and Regulations]
[Pages 20922-20925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9196]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-NM-0007; FRL-9140-2]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Transportation Conformity Requirement for Bernalillo County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revision submitted by the Governor of New
Mexico on December 4, 2008 on behalf of the Albuquerque Environmental
Health Department (AEHD). This revision serves to incorporate recent
changes to the Federal conformity rule into the state conformity SIP
for Bernalillo County, and supersedes previous revisions submitted by
the Governor of New Mexico on May 15, 2003 and August 4, 2005. EPA is
approving the December 4, 2008 revision in accordance with the
requirements of the Federal Clean Air Act (CAA).
DATES: This rule is effective on June 21, 2010 without further notice,
unless EPA receives relevant adverse comment by May 24, 2010. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-NM-0007, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-NM-0007. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://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 https://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 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.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
City of Albuquerque Environmental Health Department, Air Quality
[[Page 20923]]
Division, Office of Air Quality, One Civic Plaza Northwest,
Albuquerque, New Mexico 87103.
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-8542; fax number
214-665-7263; e-mail address riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. What Is Transportation Conformity?
II. What Is the Background for This Action?
III. What Did the State Submit and How Did We Evaluate It?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Is Transportation Conformity?
Transportation conformity is required under section 176(c) of the
Clean Air Act to ensure that Federally supported highway, transit
projects, and other activities are consistent with (conform to) the
purpose of the approved SIP. Conformity currently applies to areas that
are designated nonattainment, and those areas redesignated to
attainment after 1990 (maintenance areas), with plans developed under
section 175A of the Clean Air Act for the following transportation
related criteria pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide (CO), and
nitrogen dioxide (NO2). Conformity with the purpose of the
SIP means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the relevant National Ambient Air Quality Standards (NAAQS). The
Federal transportation conformity regulations (Federal Rule) are found
in 40 CFR part 93 and provisions related to conformity SIPs are found
in 40 CFR 51.390.
II. What Is the Background for This Action?
The transportation conformity SIP enables the area to implement and
enforce the Federal transportation conformity requirements per 40 CFR
51 subpart T and 40 CFR 93 subpart A. The AEHD initially complied with
this requirement by submitting a SIP to EPA on December 19, 1994; we
approved this SIP on November 8, 1995 (60 FR 56241). A revision to the
conformity SIP was submitted on December 9, 1998 and approved by EPA on
July 8, 1999 (64 FR 36786). Since the July 8, 1999 approval, the
Governor of New Mexico has submitted three further revisions to the
conformity SIP. The most recent of these, the December 4, 2008
submittal, supersedes the previous revisions submitted on May 15, 2003
and August 4, 2005. These previous revisions were also made to
incorporate Federal conformity rule changes into the state conformity
SIP for Bernalillo County, but contained language that was in conflict
with the Federal rules that were in effect at the time of EPA's review
of the conformity SIP. Therefore, EPA could not approve the language in
question. EPA and AEHD agreed that rather than EPA acting to partially
approve the submittals, AEHD would develop a subsequent submittal to
supersede the previous submittal, address the conflicting language, and
capture any revisions made to the Federal rules in the elapsed time
since state adoption of revisions to the Bernalillo County
transportation conformity SIP. This approach was taken on both the
August 4, 2005 submittal (to supersede the May 15, 2003 submittal) and
the December 4, 2008 submittal (to supersede the August 4, 2005
submittal) to keep pace with necessary revisions to the Bernalillo
County transportation conformity SIP.
On January 9, 2002, the AEHD adopted changes to the conformity SIP
to include a definition for Land Use Measures (LUM) along with
requirements for using LUMs as air quality credits in conformity
determinations. This revision also incorporated language regarding an
acceptable Transportation Control Measure (TCM) substitution process
and provided clarity on when emission reduction credits for TCMs may be
used in the conformity process. These revisions were approved by the
AEHD on January 9, 2002 and they were submitted to EPA by the Governor
of New Mexico on May 15, 2003. EPA did not take action on these
revisions, and the December 4, 2008 submittal is intended to supersede
these revisions.
On July 1, 2004, EPA published significant revisions to our
conformity regulations (69 FR 4004) to address criteria and procedures
for the new 8-hour ozone and fine particulate (PM2.5)
National Ambient Air Quality Standards (NAAQS). In the same Federal
Register notice, EPA also addressed a March 2, 1999 ruling by the U.S.
Court of Appeals for the District of Columbia (Environmental Defense
Fund v. EPA, et al., 167 F. 3d 641 D.C. Cir. 1999); the July 1
revisions served to bring our regulatory language in line with this
court decision. The SIP revision package adopted by the AEHD on May 11,
2005, and submitted by the Governor of New Mexico on August 4, 2005,
addressed these mandatory revisions, as well as EPA's August 6, 2002
revision to the Federal conformity rule (67 FR 50808). EPA did not take
action on these revisions, and the December 4, 2008 submittal is
intended to supersede these revisions.
On August 10, 2005, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed
into law. SAFETEA-LU revised certain provisions of section 176(c) of
the Clean Air Act, related to transportation conformity. Prior to
SAFETEA-LU, states were required to address all of the Federal Rule's
provisions in their conformity SIPs. After SAFETEA-LU, state's SIPs
were required to contain all or portions of only the following three
sections of the Federal Rule, modified as appropriate to each state's
circumstances: 40 CFR 93.105 (consultation procedures); 40 CFR
93.122(a)(4)(ii) (written commitments to implement certain kinds of
control measures); and 40 CFR 93.125(c) (written commitments to
implement certain kinds of mitigation measures). Pursuant to SAFETEA-
LU, states are no longer required to submit conformity SIP revisions
that address the other sections of the Federal conformity rule.
However, as with previous SIP revisions, the AEHD has maintained its
practice of incorporating federal language into local rules and
customizing such rules to meet the standard required by the New Mexico
Administrative Code (NMAC) style guidance, rather than incorporating by
reference the federal rules.
EPA promulgated amendments to the Federal conformity rule on
January 24, 2008 (73 FR 4420). The December 4, 2008 revision serves to
update Albuquerque's regulations and bring them in line with these most
recent changes to the Federal conformity rule, as well as EPA's May 6,
2005 (70 FR 24279) and March 10, 2006 (71 FR 12467) revisions to the
Federal conformity rule.
III. What Did the State Submit, and How Did We Evaluate It?
On December 4th, 2008, the Governor of New Mexico submitted a
revision to the Bernalillo County, New Mexico State Implementation Plan
(SIP) for Transportation Conformity purposes. The SIP revision consists
of language to address the three provisions of the EPA Conformity Rule
required under SAFETEA-LU: 40 CFR 93.105 (consultation procedures); 40
CFR 93.122(a)(4)(ii) (certain control measures), and 40 CFR 93.125(c)
[[Page 20924]]
(mitigation measures). As previously stated, the AEHD did not
incorporate the Federal conformity rule by reference, but submitted
language intended to mirror the content of the Federal conformity rule,
while placing greater specificity on the roles and expectations of
state and local agencies/entities which have responsibility for
undertaking transportation conformity in conjunction with
transportation planning activities along with the three Federal
Agencies (EPA, Federal Highway Administration, and Federal Transit
Administration) who are participating members in the conformity
consultation process.
We reviewed the submittal to assure consistency with the January
2009, ``Guidance for Developing Transportation Conformity State
Implementation Plans''. The guidance document can be found at https://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf. The
guidance document states that each state is only required to address
and tailor the afore-mentioned three sections of the Federal Conformity
Rule in their state conformity SIPs.
EPA's review of New Mexico's Bernalillo County Transportation
Conformity SIP revision indicates that it is consistent with EPA's
guidance in that it included the three elements specified by SAFETEA-LU
and EPA's guidance. Consistent with the EPA Conformity Rule at 40 CFR
93.105 (consultation procedures), NMAC 20.11.3.202 establishes the
requirements for the appropriate agencies, procedures and allocation of
responsibilities as required under 40 CFR 93.105 for consultation
procedures. In addition, this chapter provides for appropriate public
consultation/public involvement consistent with 40 CFR 93.105. With
respect to 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), NMAC
20.11.3.219(A)(4)(b) and NMAC 20.11.3.222(C) of the executed MOUs
specifies that written commitments for control measures and mitigation
measures for meeting these requirements will be provided as needed.
IV. Final Action
EPA is hereby approving the Bernalillo County SIP revision for
Transportation Conformity, which was submitted on December 4, 2008. We
have evaluated the State's submittal and have determined that it meets
the applicable requirements of the Clean Air Act and EPA regulations,
and is consistent with EPA policy. The December 4, 2008 submission
supersedes the May 15, 2003 and August 4, 2005 submissions, so no
action is necessary on these earlier submissions.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on June 21, 2010
without further notice unless we receive adverse comment by May 24,
2010. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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).
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 June 21, 2010. 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 may not be challenged later in
proceedings to
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enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Particulate matter, Reporting and recordkeeping requirements,
Transportation conformity, Transportation--air quality planning,
Volatile organic compounds.
Dated: April 9, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
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2. The second table in Sec. 52.1620(c) entitled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' is amended by revising
the entry for Part 3 (20.11.3 NMAC), Transportation Conformity, to read
as follows:
Sec. 52.1620 Identification of plan.
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(c) * * *
EPA-Approved Albuquerque/Bernalillo County, NM Regulations
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State approval/
State citation Title/subject effective date EPA approval date Explanation
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 11--Albuquerque/Bernalillo County
Air Quality Control Board
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Part 3 (20.11.3 NMAC)........... Transportation 12/17/2008 April 22, 2010 ....................
Conformity. [Insert FR page
number where
document begins].
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[FR Doc. 2010-9196 Filed 4-21-10; 8:45 am]
BILLING CODE 6560-50-P