Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County: Motor Vehicle Inspection, 65821-65823 [2012-26677]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
fireworks events. During the
enforcement period, no person or vessel
may enter the safety zones without
permission of the Captain of the Port,
Sector Lake Michigan.
Dated: October 18, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
The regulations in 33 CFR
165.931 will be enforced on November
24, 2012 from 5:00 p.m. through 7:00
p.m.; on December 31, 2012 from 7:00
p.m. through 7:20 p.m.; and on
December 31, 2012 from 11:45 p.m.
through 12:30 a.m. on January 1, 2013.
BILLING CODE 9110–04–P
If
you have questions on this notice, call
or email MST1 Joseph McCollum,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at
414–747–7148, email
Joseph.P.McCollum@uscg.mil.
[EPA–R06–OAR–2011–0695; FRL–9747–2]
DATES:
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Safety Zone;
Chicago Harbor, Navy Pier Southeast,
Chicago, IL listed in 33 CFR 165.931 for
the following events:
(1) Navy Pier Fireworks; on November
24, 2012 from 5:00 p.m. through
7:00 p.m.; on December 31, 2012 from
7:00 p.m. through 7:20 p.m.; and on
December 31, 2012 from 11:45 p.m.
through 12:30 a.m. on January 1, 2013.
All vessels must obtain permission
from the Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative to enter, move within or
exit the safety zone. Vessels and persons
granted permission to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port,
Sector Lake Michigan, or his or her onscene representative. While within a
safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice is issued under authority
of 33 CFR 165.931 and 5 U.S.C. 552 (a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via broadcast Notice to Mariners
or Local Notice to Mariners. The
Captain of the Port, Sector Lake
Michigan, will issue a Broadcast Notice
to Mariners notifying the public when
enforcement of the safety zone
established by this section is suspended.
If the Captain of the Port, Sector Lake
Michigan, determines that the safety
zone need not be enforced for the full
duration stated in this notice, he or she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
safety zone. The Captain of the Port,
Sector Lake Michigan, or his or her onscene representative may be contacted
via VHF Channel 16.
mstockstill on DSK4VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
[FR Doc. 2012–26817 Filed 10–30–12; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County: Motor
Vehicle Inspection
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
revisions from the Governor of New
Mexico to the State Implementation
Plan for Air Quality for the City of
Albuquerque/Bernalillo County area
pursuant to the Clean Air Act. The
revision includes addition of emissions
inspections for 1998 and newer diesel
vehicles less than 10,001 pounds and all
gasoline/electric hybrid vehicles;
changes test frequency for some model
year vehicles; allows motorists that are
financially incapable of paying for
certain repairs to apply for a time
extension; makes minor test procedure
changes; codifies certain regulatory
language from the VPMD Procedures
Manual; reorganizes 20.11.100 NMAC;
and makes numerous non-substantive
changes to clarify and improve
readability of these rules. This action is
being taken under the Clean Air Act (the
Act).
DATES: This rule is effective on
December 5, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2011–0695. 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., Confidential
Business Information or other
information the disclosure of which 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
SUMMARY:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
65821
75202–2733. EPA requests that if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment. The Region Office’s
official hours of business are 8:30 a.m.
to 4:30 p.m. weekdays except for
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning today’s
final action, please contact Ms. Sandra
Rennie (6PD–L), Air Planning Section,
Environmental Protection Agency,
Region 6, 1445 Ross Avenue (6PD–L),
Suite 1200, Dallas, Texas 75202–2733,
telephone (214) 665–7367; fax number
(214) 665–6762; email address
rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document the
following terms have the meanings
described below:
‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the
proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The State of New Mexico on behalf of
the City of Albuquerque submitted
revisions to the motor vehicle
inspection and maintenance (I/M)
program in Bernalillo County and the
City of Albuquerque on July 28, 2011.
We proposed approval of these revisions
on August 1, 2012 (77 FR 45530). For
EPA’s full analysis of these revisions,
the reader is referred to that proposal
and the Technical Support Document
for this rulemaking, which is available
on line at https://www.regulations.gov,
Docket number EPA–R06–OAR–2011–
0695. Among the revisions to the I/M
rules at 20.11.100 NMAC are: expanding
the vehicle I/M program to cover model
year 1998 and newer diesel motor
vehicles greater than 1,000 and less than
10,001 pounds; including all hybrid
vehicle gasoline engines; changing the
test frequency for some model year
vehicles; revising an exemption for
certain low income vehicle owners from
the $300 repair or repair estimate
threshold; and revising some test
procedures. Regulatory language from
the VPMD (Vehicle Pollution
Management Division) Procedures
Manual is now codified in the I/M rules.
Numerous non-substantive ministerial
revisions were also proposed for
approval because they add clarity and
improve readability of the rules.
Although not required by Federal
rule, model year 1998 and newer
compression ignition powered (diesel)
E:\FR\FM\31OCR1.SGM
31OCR1
mstockstill on DSK4VPTVN1PROD with RULES
65822
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
motor vehicles of a certain size are now
included in the vehicle I/M program.
Diesel vehicles that are greater than
1,000 pounds gross vehicle weight
(GVW) but less than 10,001 pounds
GVW are covered by On-Board
Diagnostics second generation (OBDII)
testing. Testing for this fuel type will
start on January 1, 2013, as adopted in
the rule. Gasoline/electric hybrids are
no longer exempt from testing.
Technology improvements have made
testing the small gasoline engines found
in hybrids now possible.
A clarification is made about the
newest model years that are exempt
from testing. The term ‘‘two registration
periods’’ is clarified to mean four (4)
years. Model year 1975–1985 vehicles
are now required to get tested on a
biennial schedule. Previously, these
vehicles were on an annual testing
schedule. Other provisions in the rule
require vehicles in this age group to
have annual inspections if their HC
(hydrocarbon) or CO (carbon monoxide)
emissions are more than 75% of the
standard for those pollutants. Motor
vehicles 35 years old or older are now
exempt from testing.
Minor changes to test procedures
include requiring a visual inspection for
a catalytic converter on all OBDIIequipped vehicles. The program is also
limiting the gas cap pressure check to
1975–2005 vehicles.
The requirement for spending at least
$300 for repairs to apply for a time
extension has been revised to require a
repair estimate of $300 or more from a
licensed repair facility and proof that
the individual is financially incapable
of paying for the needed repairs.
Prior to the rule revision before us,
many program procedures were
contained in the VPMD Procedures
Manual. The Program determined that
this manual was out of date but some of
the regulatory language needed to be
retained. Portions of the manual were
codified in the rules verbatim. Nonregulatory procedure information is now
contained in technical guidance that is
not part of the SIP.
As a result of the codification process,
some additional terms were added to
the definitions section. These include
Audit, Clean piping, Clean scanning,
Covert audit, Covert surveillance,
Emissions analyzer, Emissions
inspection system or EIS, Fleet, Gas cap
test, Overt audit, Pretesting, and Vehicle
information database or VID. Definitions
adopted for these terms are those that
are commonly used in the industry or
similar to terms defined in the federal
regulations.
In the process of codifying language
from the Procedures Manual, the I/M
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
rules were reorganized with some
sections being moved from one
numbered section to another. Useless
and/or anachronistic references were
removed or revised to be more
meaningful.
II. What comments did we receive on
the proposed rule?
We received no comments on the
proposed rule during the 30 day
comment period that ended on August
31, 2012.
III. What action is EPA taking?
EPA is finalizing approval of revisions
to the New Mexico SIP for the City of
Albuquerque/Bernalillo County
submitted on July 28, 2011. These
include revisions to the fuel type subject
to testing, the model years subject to
testing, certain test procedures, an
opportunity for a time extension for
motorists that are financially incapable
of paying for repairs of $300 or more,
codification of procedures from the
Procedures Manual, addition of
definitions, and other non-substantive
revisions. We believe these revisions
enhance the SIP and improve the
effectiveness of the I/M program. This
action is being taken under section 110
of the Act.
IV. Statutory and Executive Order
Reviews
Under the CAA, 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);
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
• 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 December 20,
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
E:\FR\FM\31OCR1.SGM
31OCR1
65823
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations
Dated: October 17, 2012.
Ron Curry,
Regional Administrator, Region 6.
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Subpart GG—New Mexico
2. Amend the second table in
§ 52.1620(c) entitled ‘‘EPA Approved
Albuquerque/Bernalillo County, NM
Regulations’’ by revising the entry for
‘‘Part 100 (20.11.100 NMAC), Motor
Vehicle Inspection—Decentralized,’’ to
read as follows:
■
Therefore, 40 CFR chapter I is
amended as follows:
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1620
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
*
(c) * * *
*
*
*
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
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 100 (20.11.100 NMAC) ........
*
*
Motor Vehicle Inspection—Decentralized.
*
*
*
*
*
11/5/12, [Insert FR page number
where document begins].
*
*
5/11/2011
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
§ 87.23
[EPA–HQ–OAR–2010–0687; FRL–9678–1]
BILLING CODE 6560–50–P
issue of Monday, June 18, 2012, make
the following corrections:
40 CFR Parts 87
[FR Doc. 2012–26677 Filed 10–30–12; 8:45 am]
1. On page 36382, in § 87.23, the table
titled ‘‘Table 3 to § 87.23—Tier 6 NOX
Standards for New Subsonic Turbofan
or Turbojet Engines with Rated Output
Above 26.7 kN’’ should read as set forth
below:
RIN 2060–AO70
Control of Air Pollution From Aircraft
and Aircraft Engines; Emission
Standards and Test Procedures
[Corrected]
Correction
In rule document 2012–13828
appearing on pages 36341–36386 in the
TABLE 3 TO § 87.23—TIER 6 NOX STANDARDS FOR NEW SUBSONIC TURBOFAN OR TURBOJET ENGINES WITH RATED
OUTPUT ABOVE 26.7 KN
If the rated pressure ratio is—
and the rated output (in kN) is—
The NOX emission standard (in g/kN rated output) is—
rPR ≤ 30 ............................................................
rPR ≥ 82.6 .........................................................
26.7 < rO ≤ 89 ...................................
rO > 89 ..............................................
26.7 < rO ≤ 89 ...................................
rO > 89 ..............................................
all .......................................................
38.5486 + 1.6823·rPR – 0.2453·rO ¥ 0.00308·rPR·rO
16.72 + 1.4080·rPR
46.1600 + 1.4286·rPR ¥ 0.5303·rO + 0.00642·rPR·rO
¥1.04 + 2.0·rPR
32 + 1.6·rPR
2. On page 36383, in § 87.23, the table
titled ‘‘Table 4 to § 87.23—Tier 8 NOX
Standards for New Subsonic Turbofan
or Turbojet Engines with Rated Output
mstockstill on DSK4VPTVN1PROD with RULES
30 < rPR < 82.6 ................................................
Above 26.7 kN’’ should read as set forth
below:
TABLE 4 TO § 87.23—TIER 8 NOX STANDARDS FOR NEW SUBSONIC TURBOFAN OR TURBOJET ENGINES WITH RATED
OUTPUT ABOVE 26.7 KN
If the rated pressure ratio is—
and the rated output (in kN) is—
The NOX emission standard (in g/kN rated output) is—
rPR ≤ 30 ............................................................
26.7 < rO ≤ 89 ...................................
rO > 89 ..............................................
26.7 < rO ≤ 89 ...................................
rO > 89 ..............................................
40.052 + 1.5681·rPR ¥ 0.3615·rO – 0.0018·rPR·rO
7.88 + 1.4080·rPR
41.9435 + 1.505·rPR ¥ 0.5823·rO + 0.005562·rPR·rO
¥9.88 + 2.0·rPR
30 < rPR < 104.7 ..............................................
VerDate Mar<15>2010
16:49 Oct 30, 2012
Jkt 229001
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65821-65823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26677]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0695; FRL-9747-2]
Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County: Motor Vehicle Inspection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing approval of revisions from the Governor of
New Mexico to the State Implementation Plan for Air Quality for the
City of Albuquerque/Bernalillo County area pursuant to the Clean Air
Act. The revision includes addition of emissions inspections for 1998
and newer diesel vehicles less than 10,001 pounds and all gasoline/
electric hybrid vehicles; changes test frequency for some model year
vehicles; allows motorists that are financially incapable of paying for
certain repairs to apply for a time extension; makes minor test
procedure changes; codifies certain regulatory language from the VPMD
Procedures Manual; reorganizes 20.11.100 NMAC; and makes numerous non-
substantive changes to clarify and improve readability of these rules.
This action is being taken under the Clean Air Act (the Act).
DATES: This rule is effective on December 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2011-0695. 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.,
Confidential Business Information or other information the disclosure
of which 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. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. The Region Office's
official hours of business are 8:30 a.m. to 4:30 p.m. weekdays except
for Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's final action, please contact Ms. Sandra Rennie (6PD-L), Air
Planning Section, Environmental Protection Agency, Region 6, 1445 Ross
Avenue (6PD-L), Suite 1200, Dallas, Texas 75202-2733, telephone (214)
665-7367; fax number (214) 665-6762; email address
rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document the following terms
have the meanings described below:
``We'', ``us'' and ``our'' refer to EPA.
Table of Contents
I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this rule?
The State of New Mexico on behalf of the City of Albuquerque
submitted revisions to the motor vehicle inspection and maintenance (I/
M) program in Bernalillo County and the City of Albuquerque on July 28,
2011. We proposed approval of these revisions on August 1, 2012 (77 FR
45530). For EPA's full analysis of these revisions, the reader is
referred to that proposal and the Technical Support Document for this
rulemaking, which is available on line at https://www.regulations.gov,
Docket number EPA-R06-OAR-2011-0695. Among the revisions to the I/M
rules at 20.11.100 NMAC are: expanding the vehicle I/M program to cover
model year 1998 and newer diesel motor vehicles greater than 1,000 and
less than 10,001 pounds; including all hybrid vehicle gasoline engines;
changing the test frequency for some model year vehicles; revising an
exemption for certain low income vehicle owners from the $300 repair or
repair estimate threshold; and revising some test procedures.
Regulatory language from the VPMD (Vehicle Pollution Management
Division) Procedures Manual is now codified in the I/M rules. Numerous
non-substantive ministerial revisions were also proposed for approval
because they add clarity and improve readability of the rules.
Although not required by Federal rule, model year 1998 and newer
compression ignition powered (diesel)
[[Page 65822]]
motor vehicles of a certain size are now included in the vehicle I/M
program. Diesel vehicles that are greater than 1,000 pounds gross
vehicle weight (GVW) but less than 10,001 pounds GVW are covered by On-
Board Diagnostics second generation (OBDII) testing. Testing for this
fuel type will start on January 1, 2013, as adopted in the rule.
Gasoline/electric hybrids are no longer exempt from testing. Technology
improvements have made testing the small gasoline engines found in
hybrids now possible.
A clarification is made about the newest model years that are
exempt from testing. The term ``two registration periods'' is clarified
to mean four (4) years. Model year 1975-1985 vehicles are now required
to get tested on a biennial schedule. Previously, these vehicles were
on an annual testing schedule. Other provisions in the rule require
vehicles in this age group to have annual inspections if their HC
(hydrocarbon) or CO (carbon monoxide) emissions are more than 75% of
the standard for those pollutants. Motor vehicles 35 years old or older
are now exempt from testing.
Minor changes to test procedures include requiring a visual
inspection for a catalytic converter on all OBDII-equipped vehicles.
The program is also limiting the gas cap pressure check to 1975-2005
vehicles.
The requirement for spending at least $300 for repairs to apply for
a time extension has been revised to require a repair estimate of $300
or more from a licensed repair facility and proof that the individual
is financially incapable of paying for the needed repairs.
Prior to the rule revision before us, many program procedures were
contained in the VPMD Procedures Manual. The Program determined that
this manual was out of date but some of the regulatory language needed
to be retained. Portions of the manual were codified in the rules
verbatim. Non-regulatory procedure information is now contained in
technical guidance that is not part of the SIP.
As a result of the codification process, some additional terms were
added to the definitions section. These include Audit, Clean piping,
Clean scanning, Covert audit, Covert surveillance, Emissions analyzer,
Emissions inspection system or EIS, Fleet, Gas cap test, Overt audit,
Pretesting, and Vehicle information database or VID. Definitions
adopted for these terms are those that are commonly used in the
industry or similar to terms defined in the federal regulations.
In the process of codifying language from the Procedures Manual,
the I/M rules were reorganized with some sections being moved from one
numbered section to another. Useless and/or anachronistic references
were removed or revised to be more meaningful.
II. What comments did we receive on the proposed rule?
We received no comments on the proposed rule during the 30 day
comment period that ended on August 31, 2012.
III. What action is EPA taking?
EPA is finalizing approval of revisions to the New Mexico SIP for
the City of Albuquerque/Bernalillo County submitted on July 28, 2011.
These include revisions to the fuel type subject to testing, the model
years subject to testing, certain test procedures, an opportunity for a
time extension for motorists that are financially incapable of paying
for repairs of $300 or more, codification of procedures from the
Procedures Manual, addition of definitions, and other non-substantive
revisions. We believe these revisions enhance the SIP and improve the
effectiveness of the I/M program. This action is being taken under
section 110 of the Act.
IV. Statutory and Executive Order Reviews
Under the CAA, 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 December 20, 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
[[Page 65823]]
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 17, 2012.
Ron Curry,
Regional Administrator, Region 6.
Therefore, 40 CFR chapter I is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. Amend the second table in Sec. 52.1620(c) entitled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' by revising the entry
for ``Part 100 (20.11.100 NMAC), Motor Vehicle Inspection--
Decentralized,'' to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
* * * * *
EPA-Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 100 (20.11.100 NMAC)...... Motor Vehicle 5/11/2011 11/5/12, [Insert
Inspection--Dece FR page number
ntralized. where document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-26677 Filed 10-30-12; 8:45 am]
BILLING CODE 6560-50-P
